Bipin Kumar @ Bipin Sahani @ Vipin Sahani v. The State of Bihar
CR. MISC./51938/2025 · 2025-08-06
R P Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64003 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64003 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51938 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- MAKER District- Saran ====================================================== Bipin Kumar @ Bipin Sahani @ Vipin Sahani son of Mohar Sahani Village- Barhichak (Dih Siraman) PS- Maker District -Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Maker P.S. case No. 122 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 120 liters liquor was recovered out of which 40 liters liquor was recovered from motorcycle and 80 liters liquor was recovered from the field. 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
Patna High Court CR. MISC. No.51938 of 2025(2) dt.06-08-2025 2/3 has got no concern with the alleged recovery of liquor. It is further submitted that motorcycle in question does not belong to the petitioner and the place of recovery is a field belonging to co-accused. The petitioner is in custody since 10.06.2025 and has got four criminal antecedents in which the petitioner is on bail in three cases. There is no compliance of Section 103 of B.N.S.S., 2023. 5. Learned A.P.P. 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 on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maker P.S. case No. 122 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
Patna High Court CR. MISC. No.51938 of 2025(2) dt.06-08-2025 3/3 bail bonds of the petitioner. Pankaj/- (Rudra Prakash Mishra, J) U T