IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77287 of 2025 Arising Out of PS. Case No.-835 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Vicky Kumar Mahto @ Vicky Kumar @ Vikki Kumar Son of Ashok Kumar @ Ashok Mahto @ Ashok Kumar Mahto Resident of Village- Ismailpur, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dilip Kumar Singh, Advocate For the Opposite Party/s : Ms.Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 17-11-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 835 of 2024, instituted for the offences punishable under Sections 274, 275 of BNSS and Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 20 liters of country made liquor kept in a container along with 2000 liters of raw materials recovered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submitted that the recovery has been made from open place, which is accessible to public at large. The Patna High Court CR. MISC. No.77287 of 2025(2) dt.17-11-2025 2/2 petitioner is in custody since 19.09.2025 and has got seven criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 835 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. manish/- (Rudra Prakash Mishra, J) U T