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2026 DAILYLAW 45984 (PAT)

Vishal Kumar Chaudhary @ Vishal Kumar v. The State of Bihar

CR. MISC./1080/2026 · 2026-01-30

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1080 of 2026 Arising Out of PS. Case No.-298 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== Vishal Kumar Chaudhary @ Vishal Kumar S/o- Dev Raj Chaudhary @ Kallu Chaudhary R/v- Bank Colony, Ratnpura Ps- Bhagwan Bajar Dist- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary, Advocate For the Opposite Party/s : Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 30-01-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner seeks bail in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act. 3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases under the excise act and allegation is of recovery of 60 liters of liquor from a sack and a motorcycle was seized. 4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and came to be implicated based on confessional statement of Sanjay in police custody which does Patna High Court CR. MISC. No.1080 of 2026(2) dt.30-01-2026 2/2 not have any evidentiary value. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation. It is next submitted that petitioner is in custody since 17.09.2025. 5. Learned A.P.P. for the State opposes the bail application of the petitioner. 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Bhagwan Bazar P.S. Case No. 298 of 2025. Rishabh/- (Satyavrat Verma, J) U T