Patna High Court

Vikash Kumar @ Vikash SinghversusThe State of Bihar

Decided: 10 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted bail to the petitioner, directing release on a bond of Rs.5,000 with two sureties.

Summary

Vikash Kumar was arrested in connection with the alleged recovery of 712.501 litres of liquor from two vehicles and charged under Sections 318(2), 336(3) and 340(2) of the Bihar Narcotic Substances Act and Sections 30(a), 32, 36 and 41(1) of the Bihar Excise & Prohibition Amendment Act, 2022. The petitioner argued that he was not caught in possession, was not the owner of the vehicles, and was implicated solely on a confessional statement made by an accused in police custody, which he claimed lacks evidentiary value. He had been in custody since 13‑12‑2025 and had two prior excise cases. The State opposed bail. The Court, after considering the submissions, held that the circumstances did not justify continued detention and ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties.

Issues considered

Whether bail should be granted to the accused in view of the nature of the offences under the Bihar Narcotic Substances Act and the Bihar Excise & Prohibition Amendment Act.
Whether a confessional statement of an accused made in police custody can be the sole basis for implicating another person.
Whether the petitioner’s prior excise cases and the alleged quantity of liquor seized preclude the grant of bail.

Legislation cited

Bihar Narcotic Substances Act — s. 318(2), 336(3), 340(2)

Subjects

bail
excise law
narcotic substances
confessional statement
police custody
prior criminal record
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10038 of 2026
                        Arising Out of PS. Case No.-339 Year-2024 Thana- JHAJHA District- Jamui
                 ======================================================
                 Vikash Kumar @ Vikash Singh Son of Shankar Singh R/O village Gangra,
                 P.S.- Gidhaur, Dist.- Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Bihari Singh
                 For the Opposite Party/s :       Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 318(2), 336(3) and 340(2) of

                   BNS and Sections 30(a), 32, 36 and 41(1) of the Bihar Excise &

                   Prohibition Amendment Act 2022.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 712.501 litres of liquor from two

                   vehicles.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized vehicle and he came to be implicated based on
              Patna High Court CR. MISC. No.10038 of 2026(2) dt.10-04-2026
                                                          2/2




                        confessional statement of apprehended-accused in police

                        custody which does not have any evidentiary value. It is further

                        submitted that once an accused is implicated in a case relating to

                        excise, the police starts implicating mechanically either at the

                        instance of Chowkidar, local person, confessional statement or

                        secret information without holding a proper investigation. It is

                        also submitted that petitioner is in custody since 13-12-2025.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner, above named, be

                        released on bail on furnishing bail bond of Rs. 5,000/- (Rupees

                        Five Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Jhajha P.S. Case No.

                        339 of 2024.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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