Vijay Kumar ChoudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43411 of 2026
                   Arising Out of PS. Case No.-231 Year-2023 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Vijay Kumar Choudhary Son of Rameshwar Choudhary Resident of Village-
                 Bisnu Patti, Ward No.-11, P.S.- Mahisaur, District- Vaishali.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shashank Shekhar, Advocate
                 For the Opposite Party/s :      Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-07-2026                    Heard Mr.Shashank Shekhar, learned counsel for the

                   petitioner and Mr.Pradeep Narain Kumar, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   02.05.2026 in connection with Kalyanpur P.S. Case No. 231 of

                   2023, F.I.R. dated 31.07.2023 registered for the offence

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                3. Recovery is of 505.5 liters of foreign liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. Further submits

                   that it appears from the FIR that altogether                 505.5 liters of

                   Indian made foreign liquor was recovered from the vehicle in

                   question and petitioner was not apprehended at the place of
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          occurrence and petitioner has been made accused in the present

          case merely on the ground that he is owner of the vehicle in

          question. In fact the petitioner has sold the vehicle in question to

          one Umesh Kumar Singh in the year 2022 itself but said Umesh

          Kumar Singh has not transferred the ownership of the vehicle in

          question in his favour so petitioner has been implicated in the

          present case and the petitioner is in custody since 02.05.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent, he has already sold the vehicle in question in the

          year 2022 itself and petitioner has been made accused in the

          present case merely on the ground that he is owner of the

          vehicle in question, let the petitioner, above named, be released

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

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

          learned Exclusive Special Excise Judge-I, Samastipur in

          connection with Kalyanpur P.S. Case No. 231 of 2023,with the

          following conditions:-

                       (I) 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
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                         on his/her absence on two consecutive dates without sufficient

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

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

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

                         for cancellation of bail.

                                      (III) 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 antecedent, 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.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T