Chhotu Kumar @ Vikash KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21007 of 2026
                   Arising Out of PS. Case No.-679 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Chhotu Kumar @ Vikash Kumar S/o Vinay Sharma @ Vinay Kumar Sharma
                 R/V- Daudnagar, PS- Bidupur, Dist- Vaishali
                                                                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Anuj Kumar, Advocate
                 For the State           :        Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-03-2026                      Heard Mr. Anuj Kumar, learned counsel for the

                   petitioner and Mr. Nand Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   14.02.2026, in connection with Hajipur Sadar P.S. Case No. 679

                   of 2025, F.I.R. dated 24.08.2025 registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition &

                   Excise Amendment Act, 2022.

                                 3. Recovery is of 1750 litres of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the allegation as alleged in

                   the F.I.R. is false and fabricated and the petitioner has not

                   committed any offence as alleged in the F.I.R. It appears from

                   the F.I.R. that the recovery has been made from the vehicle in

                   question and one Shyam Kumar was apprehended who has
Patna High Court CR. MISC. No.21007 of 2026(2) dt.30-03-2026
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          disclosed that he has taken the liquor in question from the house

          of the petitioner who has to deliver the same to one Raushan

          Kumar. He further submits that except the disclosure made by

          apprehended co-accused person, no other cogent material has

          come during investigation to suggest the involvement of the

          petitioner in the present occurrence and there is non-compliance

          of Section 103 of BNSS, 2023 and the petitioner is in custody

          since 14.02.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries one more case

          of other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matter.

                       6. Considering the facts and circumstances of the case

          and the fact that the name of the petitioner has been transpired

          on the basis of disclosure made by apprehended co-accused

          person and there is non-compliance of Section 103 of the BNSS,

          2023, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Exclusive Special Excise Court No. 01-cum-District &
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                         Additional Sessions Judge, Vaishali at Hajipur in connection

                         with Hajipur Sadar P.S. Case No. 679 of 2025, subject to the

                         following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T