Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, given the absence of incriminating material against the petitioner and the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, bail should be granted.
Summary
The petitioner, Vikash Kumar, was arrested after 1,230 litres of spirit were recovered from a tractor and charged under Sections 30(a), 32(ii) and 41(1) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was neither the owner nor driver of the tractor and that no incriminating material was found in his possession. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the circumstances, the petitioner’s custody period, and his claim of non‑involvement. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act offences.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
Subjects
- bail
- prohibition and excise
- criminal procedure
- Section 103
- Bihar High Court
- offence under Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13074 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Vikash Kumar Son of Ram Shankar Rai Resident of Village- Maltoli, P.O.-
Tengraha, P.S.- Rampur Hari, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Dev, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Rampur Hari P.S. Case No. 213 of 2025, instituted for the
offences punishable under Sections 30(a), 32(ii) and 41(1) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 1230
liters of spirit was recovered from tractor. Petitioner was
arrested on the spot.
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
Patna High Court CR. MISC. No.13074 of 2026(2) dt.24-02-2026
2/2
further submitted that the petitioner was neither owner nor
driver of the tractor and he has no knowledge regarding nature
of goods loaded on the vehicle. The name of the petitioner has
been disclosed by the local Chowkidar. The petitioner is in
custody since 25.12.2025 and has got one 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 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Rampur Hari P.S.
Case No. 213 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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