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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91862 of 2025 Arising Out of PS. Case No.-132 Year-2020 Thana- PIPRAKOTHI District- East Champaran ====================================================== Vibek Kumar @ Bivek Kumar S/O Om Prakash Chaudhary @ Omaprakash Chaudhary Resident of village- Hathiyahi, PS- Piprakothi, District- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Piprakothi P.S. case No. 132 of 2020 instituted for the offences under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 25 liters liquor and 25 liters spirit have been recovered out of which 10 liters liquor and 25 liters spirit have been recovered from the hut of the petitioner.
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.91862 of 2025(2) dt.19-01-2026 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired on the basis of secret information as per F.I.R. The source and genuineness of the secret information has not been disclosed by the prosecution. The hut in question belongs to joint family property of the petitioner. The petitioner is in custody since 23.09.2025 and has got one criminal antecedent. 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 Piprakothi P.S. case No. 132 of 2020.
Pankaj/- (Rudra Prakash Mishra, J) U T