Created by Fuzzy Cloud

Patna High Court

Vijay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, subject to bond and conditions, finding no sufficient ground to deny bail.

Summary

The petitioners, Vijay Kumar and Satis Kumar, were arrested on 3 January 2026 in connection with a case involving the alleged seizure of 178 litres of country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that the liquor was recovered from the premises, not from their conscious possession, and that their arrest was based merely on suspicion, with alleged non‑compliance of Sections 103 and 105 of the Bihar Narcotic and Substance (BNSS) Act, 2023. The State opposed bail, noting that petitioner No.1 had two other pending cases (though he was on bail in those) and that petitioner No.2 had a clean antecedent. The Court examined the material facts, the statutory provisions, and the principle that bail may be granted unless the prosecution can show a substantial risk of tampering with evidence or fleeing. Accordingly, the Court ordered bail for both petitioners on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the circumstances of the seizure.
  • Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023, justifies denial of bail.
  • Whether the presence of the accused at the scene, without conscious possession of the liquor, creates a sufficient ground for continued detention.

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • BNSS Act
  • seizure of liquor
  • criminal antecedent
  • suspect arrest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11149 of 2026
                        Arising Out of PS. Case No.-10 Year-2026 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Vijay Kumar S/o Late Surendra Chaudhary
           2.    Satis Kumar S/o Late Surendra Chaudhary
                 Both are R/o Village -Gola Bazar Parveja Nahar, P.s.- Sonepur, Distt.- Saran
                 at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr.Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   02-04-2026                    Heard Mr.Vijay Kumar, learned counsel for the

                   petitioners and Mr.Khurshid Anwar, learned A.P.P. for the State.

                                2. The petitioners seek bail, who are in custody since

                   03.01.2026 in connection with Sonepur P.S. Case No. 10 of

                   2026, F.I.R. dated 02.01.2026 registered for the offence

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

                   Act.

                                3. Recovery is of 178 liters of country made liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that it appears from the FIR that nothing has been

                   recovered from conscious possession of the petitioners rather

                   altogether 178 liters of country made liquor was recovered from
Patna High Court CR. MISC. No.11149 of 2026(3) dt.02-04-2026
                                            2/3




          Parveja Nahar near Gola Market and petitioners have been made

          accused in the present case merely on the basis of suspicion.

          Petitioners were present at the place of occurrence, although the

          recovery has been made from the place of occurrence but there

          is non-compliance of Sections 103 and 105 of BNSS, 2023 and

          the petitioners are in custody since 03.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioners and submits that petitioner No.1

          carries two more cases other than the present one but he fairly

          submits that he on bail in both the cases, and petitioner No.2 has

          clean antecedent, as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, let the petitioners,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand)each with two sureties of the like

          amount each to the satisfaction of learned 2nd Exclusive Special

          Judge, Excise, Saran at Chapra in connection with Sonepur P.S.

          Case No. 10 of 2026, with the following conditions:-

                       (I) Petitioners 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 their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.
               Patna High Court CR. MISC. No.11149 of 2026(3) dt.02-04-2026
                                                           3/3




                                      (II) If the petitioners tamper 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 petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners. 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.