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Patna High Court

Vikas KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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