Patna High Court

Vijay Kumar @ Vijay SinghversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail must be granted to the petitioners.

Summary

The petitioners, Vijay Kumar and Ranjeet Kumar, were arrested on 17 January 2026 after a police raid recovered 275.25 litres of liquor from a pick‑up van, a car and a godown in Patna. They were charged under Section 30(a) of the Bihar Prohibition and Excise Act, but claim they were merely passers‑by with no ownership or control over the vehicles or premises. The petitioners argued that no incriminating material was found on them, they have no prior criminal record, and the statutory safeguards under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were not complied with. The State opposed bail, contending the seriousness of the offence. Considering the lack of direct evidence, the petitioners' clean antecedents and the length of custody already endured, the Court found no reason to keep them detained. Accordingly, the Court ordered their release on bail upon furnishing a bond of Rs.15,000 with two sureties each.

Issues considered

Whether bail should be granted to accused persons under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been satisfied in the present case.
Whether the facts and circumstances, including the period of custody and lack of antecedents, justify the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
criminal procedure
presumption of innocence
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12957 of 2026
                        Arising Out of PS. Case No.-280 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
           1.     Vijay Kumar @ Vijay Singh S/O Late Visheshar Singh R/O Village-
                  Niajipur, P.s.- Fatuha, District- Patna
           2.    Ranjeet Kumar S/O Shubh Narayan Singh R/O Village- Pokhara, P.s.-
                 Hajipur, District- Vaishali

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Amrit Abhijat, Advocate
                 For the Opposite Party/s :         Ms.Asha Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with

                   Prohibition P.S. Case No. 280 of 2026, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 275.25

                   liters liquor was recovered from Pick-up van, car and godown.

                   Both petitioners were arrested on the spot.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
           Patna High Court CR. MISC. No.12957 of 2026(2) dt.24-02-2026
                                                       2/2




                     the conscious possession of the petitioners. The petitioners have

                     got no concern with the alleged recovery of liquor. The

                     petitioners are neither the owner nor driver of the said vehicles

                     or godown. They are merely a passers-by and they have become

                     victim of circumstance. The petitioners are in custody since

                     17.01.2026 and have got no criminal antecedent. There is no

                     compliance of Section 103 of the Bharatiya Nagarik Suraksha

                     Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with             Prohibition P.S.

                     Case No. 280 of 2026.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…