Patna High Court
S Vishal @ Vishal @ Vishal Kumar @ Vishal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, S Vishal and Dev Kumar, were arrested in connection with an Excise case (Case No. 350 of 2025) for alleged possession of 950.400 liters of illegal foreign liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were innocent, had been in custody since 14‑12‑2025, possessed a clean criminal record, and that the search and seizure memo was not signed by two independent witnesses, casting doubt on the legality of the seizure. The State opposed regular bail. Considering the prolonged custody, the petitioners' clean antecedent, and the procedural defect in the search memo, the Court directed that bail be granted on a bond of Rs.10,000 each with two sureties, subject to conditions regarding surety, physical presence, and possible cancellation for future offences or concealment of antecedents. The prayer for bail was allowed.
Issues considered
- Whether bail should be granted to the accused in an excise offence under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of custody and alleged procedural irregularities.
- Whether the absence of signatures of two independent witnesses on the search and seizure memo invalidates the seizure and warrants bail.
Subjects
- bail
- excise offence
- illegal liquor
- search and seizure
- procedural irregularity
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11177 of 2026
Arising Out of PS. Case No.-350 Year-2025 Thana- Excise P.S. District- Bhojpur
======================================================
1. S Vishal @ Vishal @ Vishal Kumar @ Vishal Yadav S/o Shiv Rai @ Shibu
Ray R/o- Bakarpur Uttari Ganga Jal, Ward No. 14, P.S. Raja Pakad, District
Vaishali, State Bihar presently residing at 2 TNHB, Gudalore, P.O.
Karunillam. District Kancheepuram, State- Tamil Nadu
2. Dev Kumar S/o Ragubar Sah Rai @ Raghuvansh Rai R/o- Bakarpur Uttari
Ganga Jal, Ward No. 14, P.S. Raja Pakad, District Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Prabhat, Adv.
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seeks bail in connection with Excise
Ara P.S. Case No.350 of 2025 instituted for the offences
punishable under Sections under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
total 950.400 liters illegal foreign liquor from the spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence and
have falsely been implicated in this case. Learned counsel for
the petitioners further submits that the petitioners have remained
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in custody since 14.12.2025 and are having clean antecedent
and the search and seizure memo is not signed by any two
independent witnesses, thereby putting a question mark on the
legality of the search and seizure itself.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Taking into consideration that the petitioners have
remained in custody since 14.12.2025 and are having clean
antecedent and further that the search and seizure memo is not
signed by any two independent witnesses, thereby putting a
question mark on the legality of the search and seizure itself.
7. Let the petitioners above named, are directed to be
released on bail 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 court below where the case is
pending/successor court in connection with Excise Ara P.S. Case
No.350 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioners shall be their
close relative.
(ii) The petitioners shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates
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without substantial reason or in violation of the terms of the
bail, the bail bond of the petitioners will be liable to be
cancelled by the Court concerned.
(iv) If the petitioners are found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioners and in case at any stage it is found
that the petitioners have concealed their criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioners. However, the acceptance of bail bond in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
8. Accordingly, the prayer for bail is allowed.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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