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Patna High Court

Vijay Kumar @ Bijendra Kumar @ Bijendra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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.
Patna High Court CR. MISC. No.10277 of 2026(2) dt.13-02-2026
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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
              Patna High Court CR. MISC. No.10277 of 2026(2) dt.13-02-2026
                                                          4/4




                        482(2) of BNSS.



                                                                  (Chandra Shekhar Jha, J)
Sudha/-

U         T


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