Patna High Court
Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner on the condition of surrender within eight weeks and furnishing the prescribed bond and sureties.
Summary
The petitioner, Vikas Kumar, sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 1360 litres of spirit were seized from a Tata Intra vehicle. He asserted that he was neither the owner nor the driver of the vehicle and was accused solely on suspicion, emphasizing his clean antecedent. The State opposed the bail application. The court, considering the petitioner’s clean record and lack of direct involvement, ordered bail on the condition that he surrender within eight weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with Section 482(2) of the B.N.S.S., 2023. The bail order was directed to the District and Additional Sessions Judge‑cum‑Exclusive Special Judge, Excise Court No.1, Aurangabad.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of ownership or driver status and his clean antecedent justify bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- prohibition act
- excise
- clean antecedent
- suspicion
- seizure
- vehicle
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1419 of 2026
Arising Out of PS. Case No.-15 Year-2025 Thana- KUTUMBA District- Aurangabad
======================================================
Vikas Kumar S/o- Madan Saw R/v- Baidya Bigha Ps- Hariharganj Dist-
Palamu Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari , Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Section 30(a) of Bihar
Prohibition and Excise Act.
3. As per F.I.R., total 1360 liters spirit was recovered
from a seized Tata Intra vehicle
4. Learned counsel for the petitioner submits that
petitioner is neither owner nor driver of the seized vehicle and
has been made accused in this case only on suspicion.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts , clean antecedent
Patna High Court CR. MISC. No.1419 of 2026(2) dt.12-02-2026
2/2
of this petitioner & circumstances, let the above named
petitioner, in the event of arrest/surrender within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned District and
Additional Sessions Judge-cum-Exclusive Special Judge, Excise
Court No. 1, Aurangabad in connection with Kutumba P.S.
Case No. 15 of 2025 , subject to condition as laid down under
Section 482(2) of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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