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Patna High Court

Vikas Kumar @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to bond and conditions.

Summary

Vikas Kumar was arrested in connection with a case (PS No. 472 of 2025) alleging that 1,910 litres of country‑made liquor were recovered from a motorcycle and a boat. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(2) of the Bihar Narcotic Substances Act. The petitioner contended that he had no ownership of the vehicle or boat, no incriminating material was found in his possession, and that the investigation violated Section 103 of the BNSS, 2023. The State opposed bail, arguing the seriousness of the offence. Considering the lack of prior criminal record, the alleged procedural lapse, and the period of custody already endured, the Court granted bail subject to a bond of Rs.15,000 with two sureties and conditions of appearance.

Issues considered

  • Whether bail should be granted to an accused charged under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(2) of the BNS for alleged possession of illicit liquor
  • Whether non‑compliance with Section 103 of the BNSS, 2023, warrants bail
  • Whether the petitioner’s claim of non‑ownership and lack of incriminating material affects the bail decision

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • criminal procedure
  • Section 103
  • possession
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1180 of 2026
                      Arising Out of PS. Case No.-472 Year-2025 Thana- KHUSRUPUR District- Patna
                 ======================================================
                 Vikas Kumar @ Vikash Kumar S/o Laxman Rai @ Lakshaman Ray R/o
                 Village - Bans Tal Chouraha, Baikathpur, Gannichak, P.S - Khushrupur,
                 District - Patna
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Ram Prasad, Adv.
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   19-01-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Khusrupur

                   PS Case No. 472 of 2025 instituted for the offences under Section

                   30(a) of the Bihar Prohibition and Excise Act and Section 317(2)

                   of the BNS.

                           3. The prosecution case, in short, is that 1910 liters of

                   country made liquor was recovered from the motorcycle and boat.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the petitioner is not the owner of the

                   said motorcycle and boat and has been implicated in this case by
           Patna High Court CR. MISC. No.1180 of 2026(2) dt.19-01-2026
                                                       2/2




                     the police with ulterior motive. The petitioner is in custody since

                     29.11.2025 and has got no criminal antecedent. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed the

                     prayer for grant of bail to the petitioner.

                             6. Considering the aforesaid facts and circumstances of the

                     case and the period of custody undergone by the petitioner, this

                     Court is inclined to grant bail to the petitioner.

                             7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Khusrupur PS Case No. 472 of 2025,

                     subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date fixed

                     at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T


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