Patna High Court
Bikki Kumar @ Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioners subject to specified conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Bikki Kumar and Rohit Kumar, sought bail fearing arrest in a case (Chakia PS Case No. 131 of 2026) involving alleged possession of 95.76 litres of illicit English liquor seized from an open garden, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They contended that the seized liquor was not connected to them and that the location was publicly accessible, while noting that both have prior criminal antecedents and are currently on bail for similar offences. The State opposed the bail application. The Court, after hearing both sides, considered the open nature of the recovery site and the petitioners' claims, and ordered that bail be granted upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the CrPC. The conditions include a family member as a bailor, mandatory appearance before the trial court, and prohibition against tampering with witnesses or evidence. The order thus releases the petitioners on bail pending further trial proceedings.
Issues considered
- Whether bail should be granted to the petitioners in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning alleged possession of illicit liquor.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- bail
- illicit liquor
- prohibition act
- Section 30(a)
- open place
- prior criminal antecedent
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33761 of 2026
Arising Out of PS. Case No.-131 Year-2026 Thana- CHAKIA District- East Champaran
======================================================
1. Bikki Kumar @ Vicky Kumar son of Virendar Sah Resident of village-
Chanakya Puri, Ps- Chakia, Dist- East Champaran
2. Rohit Kumar son of Ramnath Sah Resident of village- Chanakya Puri, Ps-
Chakia, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari, Adv.
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Chakia P.S. Case No. 131 of 2026 dated
30.03.2026 registered for the offence punishable under Section
30(a) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. As per prosecution case, the Police have recovered total
95.76 liters of illicit English liquor from the alleged place of
occurrence (garden).
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
Patna High Court CR. MISC. No.33761 of 2026(2) dt.20-05-2026
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present case. Counsel for the petitioner submits under the seized
articles are in no way connected with the petitioners and the
same has been recovered from the open place which is
accessible to general public. It has further been submitted that
petitioner No. 1 has one criminal antecedent akin to the present
one in which he is on bail whereas petitioner No. 2 has two
criminal antecedents akin to the instant case in which he is also
on bail.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and
considering the fact that the alleged recovery of seized article
has been made from the open place, accessible to general public,
let the above named petitioners, be released on bail, in the event
of their arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No.3, Civil Court, East
Champaran at Motihari, Bihar in connection with Chakia P.S.
Case No. 131 of 2026, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. as well as the following
Patna High Court CR. MISC. No.33761 of 2026(2) dt.20-05-2026
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conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bonds by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
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