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Patna High Court

Vijay Kumar @ Bijendra Kumar @ Bijendra SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Vijay Kumar, applied for anticipatory bail in a case involving alleged offences under several sections of the Indian Penal Code (272, 273, 328, 307, 302 read with 34, 120B) and the Excise Act (30(a), 30(c), 37(b)). The allegations relate to the recovery of illicit liquor, the death of a person who consumed poisonous liquor, and injuries to two others. The petitioner argued that he was not named in the FIR, was not in possession of the liquor, and was already in custody at the time of the incident, citing a prior grant of anticipatory bail to another accused, Lotan Mahto, as a basis for parity. The State opposed, highlighting the petitioner’s three prior excise cases and the seriousness of a death caused by spurious liquor, contending that bail could lead to absconding. The Court, after considering the submissions, declined to extend anticipatory bail, finding the allegations and the petitioner’s antecedent sufficient to deny the relief.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite his prior excise cases and the alleged death caused by spurious liquor.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • spurious liquor
  • death
  • Indian Penal Code
  • prior criminal record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10201 of 2026
                     Arising Out of PS. Case No.-730 Year-2021 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Vijay Kumar @ Bijendra Kumar @ Bijendra Singh, Son of Sunil singh R/o
                 Village - Phanda, P.S. - Karja, Dist. - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nachiketa Jha
                 For the Opposite Party/s :        Ms.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in Saraiya (Jayattpur O.P.) P. S. Case No.730 of 2021

                   registered for the offences punishable under Sections 272,

                   273, 328, 307, 302/34 and 120(B) of the I.P.C. and Sections

                   30(a), 30(c), 37(b) of the Excise Act.

                                3. The learned counsel for the petitioner submits

                   that the petitioner has antecedent of three cases under the

                   Excise Act and allegation is of recovery of 750ml of liquor

                   along with Rs.48,735/- in cash and empty bottles from shop

                   of Ram Ekbal Singh. Further, half field bottles of 375ml

                   whiskey and 10ml in 180ml bottles of whiskey from shop of
Patna High Court CR. MISC. No.10201 of 2026(2) dt.15-04-2026
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          Manoj and Anoj Rai. It is next alleged that a person named

          Hemant Mishra died after consuming poisonous liquor in

          Vishambharpur village and two others are undergoing

          treatment in private hospital.

                       4. The learned counsel for the petitioner submits

          that petitioner was not arrested from the spot, as such,

          nothing was recovered from his conscious possession and

          he has no concern or relation with Ram Ekbal Singh, Manoj

          and Anoj Rai. It is also submitted that petitioner is not

          named in the FIR and during the course of investigation, his

          name transpired in the supervision of Dy. S.P. It is also

          submitted that at the time of occurrence, the petitioner was

          in custody as would manifest from Annexure-2 to the

          anticipatory bail application. It is also submitted that several

          accused have been granted the privilege of anticipatory bail

          including Lotan Mahto, who was granted the privilege of

          anticipatory bail by this Court, as such, based on parity the

          learned counsel seeks anticipatory bail.

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

          anticipatory bail application of the petitioner. It is next

          submitted that what distinguishes the case of this petitioner
Patna High Court CR. MISC. No.10201 of 2026(2) dt.15-04-2026
                                            3/4




          with Lotan Mahto is that Lotan Mahto was a person with

          clean antecedent and was a senior citizen aged about 76

          years whereas petitioner has antecedent of three cases under

          the Excise Act. It is also submitted that allegation in the FIR

          cannot be ignored that one person died on account of

          consumption of spurious liquor and two persons were under

          treatment in a hospital. It is next submitted that no doubt,

          petitioner is not named in the FIR, but then, his name

          transpired during the course of investigation in the

          supervision of Dy. S.P. It is further submitted that though it

          is submitted that petitioner was in custody when the

          occurrence took place, but then, that in itself does not

          absolve the petitioner of the allegations as one person died

          on account of consumption of spurious liquor and petitioner

          has antecedent under the Excise Act and the petitioner

          earlier also came to be implicated in cases relating to

          excise, but then, the learned A.P.P. fairly submits that this

          Court in cases relating to Excise is granting anticipatory

          bail, but then, this is a different case where it is alleged that

          one person died on account of consumption of spurious

          liquor. It is also submitted that investigation in the case is
               Patna High Court CR. MISC. No.10201 of 2026(2) dt.15-04-2026
                                                           4/4




                         continuing and if privilege of anticipatory bail is granted,

                         the petitioner may abscond.

                                      6. Considering the submissions made by the

                         learned A.P.P., the Court is not inclined to extend the

                         privilege of anticipatory bail to the petitioner.

                                      7. The prayer of the petitioner for anticipatory bail

                         stands rejected.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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