Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 97302 (PAT)

Vishwajeet Kumar @ Bishu @ Visho v. The State of Bihar

CR. MISC./86777/2025 · 2025-12-16

R P Mishra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86777 of 2025 Arising Out of PS. Case No.-349 Year-2025 Thana- TEGHRHA District- Begusarai ====================================================== 1. Vishwajeet Kumar @ Bishu @ Visho Son of Munna Singh R/o Village - Shrariya, Ward no. - 01, P.S. - Chakia, Dist. - Begusarai. 2. Krishna Kumar @ Sonu @ Sonu Kumar Son of Kamlapati Singh R/o Village - Shrariya, Ward no. - 01, P.S. - Chakia, Dist. - Begusarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rahul Singh, Adv For the Opposite Party/s : Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 16-12-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Teghra P.S. Case No. 349 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 80 liters of country made liquor was recovered from two motorcycles. Both the petitioners were arrested on spot. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have Patna High Court CR. MISC. No.86777 of 2025(2) dt.16-12-2025 2/3 got no concern with the alleged recovery of liquor. It is submitted that petitioners are passerby of the way. The petitioners are in custody since 05.11.2025. Petitioner no.1 has got two criminal antecedents and petitioner no.2 has got four 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 petitioners. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Teghra P.S. Case No. 349 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners. (II) The petitioners 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 Patna High Court CR. MISC. No.86777 of 2025(2) dt.16-12-2025 3/3 the bail bonds of the petitioners. krishnakant/- (Rudra Prakash Mishra, J) U T