Patna High Court
Vijay Kumar @ Bijendra Kumar @ Bijendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner was in judicial custody at the time of the alleged offence, rendering the case prima facie weak and warranting bail.
Summary
Vijay Kumar was named in an FIR for supplying spurious liquor that caused two deaths, alleged to have occurred on 29-10-2021. The petitioner contended that he was in judicial custody for a separate case (Kudhani PS Case No. 751 of 2021) from 10-10-2021, as evidenced by a bail order dated 22-12-2021. The prosecution’s case relied mainly on a suspicion raised by a local watchman without substantive material. The court observed that the petitioner was prima facie in custody at the time of the alleged offence and that the investigation lacked reliable basis. Consequently, the court directed his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner can be held liable for the alleged offences when he was in judicial custody at the time of the alleged incident.
- Whether the FIR and investigation are based on reliable material or mere suspicion from a local watchman.
- Whether bail should be granted in view of the circumstances.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Indian Penal Code — s. 120B, 272, 273, 284, 302/34, 307, 328
Subjects
- bail
- spurious liquor
- IPC
- Bihar Prohibition and Excise Act
- judicial custody
- prima facie
- suspicion
- watchman
- Section 482
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10277 of 2026
Arising Out of PS. Case No.-727 Year-2021 Thana- SARAIYA District- Muzaffarpur
======================================================
Vijay Kumar @ Bijendra Kumar @ Bijendra Singh S/o Sunil Singh R/o
Village- Phanda, P.S- Karja, Dist- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nachiketa Jha
For the Opposite Party/s : Mr.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 13-02-2026 Heard the parties.
2.The petitioner is named in the F.I.R.
and apprehending his arrest in connection with
Saraiya P.S. Case No. 727 of 2021 registered for
the offences punishable under Sections 272,
273, 284, 328, 307, 302/34, 120B of the IPC
and u/s 30(a), 30(c), 37(b) of Bihar Prohibition
and Excise Act.
3. The allegation against petitioner is to
involve in supplying of spurious liquor
consuming which two person died in terms of
FIR.
4. It is submitted by learned counsel
Patna High Court CR. MISC. No.10277 of 2026(2) dt.13-02-2026
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appearing on behalf of the petitioner that as
per FIR, occurrence took place on 29.10.2021
whereas on that very day this petitioner was in
jail in custody of Kudhani P.S. Case No. 751 of
2021 and in support of his submission learned
counsel relied upon Annexure P/2 of the present
bail petition which is the order of one of the
learned co-ordinate Bench of this Court
granting bail to this petitioner in aforesaid case
through Cr. Misc. No. 68983 of 2021 dated
22.12.2021 mentioning thereof that in
connection of said case the petitioner was in
custody since 10.10.2021. It is further pointed
out by learned counsel that merely on the basis
of supervision note of DSP the name of this
petitioner was implicated with present case, the
input for which was provided by local chawkidar
without providing any reliable material. While
concluding arguments, it is submitted that
petitioner found involved in three more criminal
cases where he is on bail.
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5. Learned APP opposed the prayer of
bail.
6. In view of aforesaid factual
submission and by taking note of fact as
petitioner prima-facie appears to be in judicial
custody on the date of alleged occurrence,
coupled with the fact that his name surfaced
during course of investigation merely on the
basis of suspicion arising out of secret input
provided by local chawkidar, accordingly
petitioner above-named, in the event of his
arrest or surrender before the court below
within a period of four weeks, is directed to be
released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the
satisfaction of the learned Exclusive Spl. Judge
Excise Court No. II, Muzaffarpur /concerned
Court, where the case is pending in connection
with Saraiya P.S. Case No. 727 of 2021, subject
to the conditions as laid down under Section
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482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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