Patna High Court

Vivek KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to bond and conditions.

Summary

Vivek Kumar was charged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act for alleged possession of 548.805 litres of liquor recovered from a pick‑up vehicle. He had earlier applied for anticipatory bail, which was denied. The petitioner argued that he had no incriminating material in his possession, no prior criminal record, and that the vehicle ownership alone should not implicate him. The State opposed bail, but the court noted the petitioner’s clean antecedent, short period of custody, and lack of compliance with Section 103 of the B.N.S.S., 2023. Accordingly, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act considering the facts of the case
Whether the lack of incriminating material in the accused’s possession and his clean antecedent justify bail

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
anticipatory bail
Bihar Prohibition and Excise Act
liquor seizure
clean antecedent
surety
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12412 of 2026
                  Arising Out of PS. Case No.-178 Year-2024 Thana- EXCISE KATORIYA District- Banka
                 ======================================================
                 Vivek Kumar Son of Biran Prasad Saw Resient of Mohalla- Purani Bazar,
                 Yoga Hotel ke samne, PS -Lakhisarai, Dist- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pankaj Kumar, Advocate
                 For the Opposite Party/s :      Mr.Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Katoriya Excise P.S.

                   case No. 178 of 2024 instituted for the offences under Sections

                   30(a) and 47 of the Bihar Prohibition and Excise Act. The

                   petitioner has earlier moved this Court for grant of anticipatory

                   bail which was rejected vide order dated 14.05.2025 passed in

                   Cr. Misc. No. 28382 of 2025 by a Coordinate Bench of this

                   Court.

                               3. The prosecution case, in short, is that 548.805 liters

                   liquor was recovered from pick-up vehicle.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.12412 of 2026(2) dt.25-02-2026
                                            2/3




          present case.       No incriminating material has been recovered

          from the conscious possession of the petitioner. The petitioner

          was not arrested on spot. It is further submitted that the name of

          the petitioner has transpired as being owner of the vehicle. The

          petitioner has got no concern with the alleged recovery of

          liquor.    The petitioner is in custody since 28.01.2026 and has

          got no criminal antecedent. There is no compliance of Section

          103 of B.N.S.S., 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, clean antecedent                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 Katoriya Excise

          P.S. case No. 178 of 2024 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
           Patna High Court CR. MISC. No.12412 of 2026(2) dt.25-02-2026
                                                       3/3




                     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)
Pankaj/-

U      T

Continue reading with your account

Checking your session…