Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to both petitioners.
Summary
Vikash Kumar and Sonu Kumar were arrested for alleged possession of 915.840 litres of liquor recovered from a DCM truck, alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were merely driver and co‑driver, not owners of the vehicle, and that no liquor was found in their personal possession. The State opposed bail, while the petitioners highlighted the absence of incriminating articles, their clean criminal record, and non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The High Court examined the facts, the period of custody since 24‑01‑2026, and the lack of direct evidence linking them to the contraband. It held that bail was appropriate and ordered the release of both petitioners on bail with specified surety and conditions. The order also imposed obligations to appear in court and provided for cancellation of bail on default.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the fact that the accused were only driver and co‑driver and not owners of the vehicle affects the bail decision.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, is a ground to deny bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarika Suraksha Sanhita
- non‑ownership
- driver
- co‑driver
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13976 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- GAURICHAK District- Patna
======================================================
1. Vikash Kumar Son of Moti Ray @ Moti Rai Resident of Saifpur, P.S. -
Ganga Bridge, District - Vaishali.
2. Sonu Kumar Son of Late Ram Iqbal Rai Resident of Minapur, P.S. Town,
District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhimanyu Deo, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Gaurichak P.S. Case No. 53 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 915.840
litres of liquor was recovered from DCM Truck.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.13976 of 2026(2) dt.26-02-2026
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that petitioners are not the owner of the vehicle. It is further
submitted that petitioner no.1 is the driver of the vehicle in
question whereas petitioner no.2 is the co-driver and both the
petitioners have got no concern with the loaded articles/liquor.
The petitioners are in custody since 24.01.2026 and have 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 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 petitioner no. 1 be released on bail, after
framing of charge, if not already framed, 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 Gaurichak P.S. Case
No. 53 of 2026.
8. Let the petitioner no. 2 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 Gaurichak
Patna High Court CR. MISC. No.13976 of 2026(2) dt.26-02-2026
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P.S. Case No. 53 of 2026, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners 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 petitioners.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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