Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Vikash Kumar was arrested in connection with a case alleging possession of 214.200 litres of liquor recovered from a vehicle, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passenger, not the owner or driver, and that no incriminating article was found on him; he also highlighted the absence of any criminal antecedent and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, the petitioner’s custody period since 15‑01‑2026, and the procedural lapse, and decided to grant bail. The bail was set at Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner’s role as a passenger and lack of incriminating material on him justify bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- false implication
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13638 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- MITHANPURA District- Muzaffarpur
======================================================
Vikash Kumar S/O Arun Sah R/O Mohalla- Diwan Road Ram Manohar Lohia
College, P.S.- Nagar, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mithanpura P.S. Case No. 23 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 214.200
litres of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the alleged
Patna High Court CR. MISC. No.13638 of 2026(2) dt.26-02-2026
2/2
recovery of liquor. Petitioner is neither owner nor driver of the
vehicle in question and was sitting as passenger. The petitioner
is in custody since 15.01.2026 and has no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika 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 as also 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 Mithanpura P.S.
Case No. 23 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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