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2026 DAILYLAW 3166 (PAT)

Vishal Kumar v. The State of Bihar

CR. MISC./27340/2026 · 2026-04-23

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27340 of 2026 Arising Out of PS. Case No.-69 Year-2026 Thana- BRAHMPUR District- Buxar ====================================================== Vishal Kumar, S/o- Late Harendar Yadav, Resident of Village- Lallan ji ke Dera, PS- Brahampur, District- Buxar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mohit Shriwastava, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 23-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in connection with Brahmpur P.S. Case No. 69 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The case of the prosecution, in short, is that in a hut like shop altogether 16.875 liters of illicit foreign liquor was recovered from inside the chulha. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that nothing has been recovered from the possession of the petitioner. At that time, the shop of the Patna High Court CR. MISC. No.27340 of 2026(2) dt.23-04-2026 2/2 petitioner was closed. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Petitioner has two criminal antecedents of similar nature. Moreover, the petitioner is languishing in judicial custody since 15.03.2026. 5. The application for regular bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall not indulge himself in similar nature of offence in future. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Special Judge, Excise Court No. 2, Buxar, in connection with Brahmpur P.S. Case No. 69 of 2026. khushbu/- (Ashok Kumar Pandey, J) U T