Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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(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
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