Patna High Court
Vikas Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner with bond and conditions.
Summary
Vikas Kumar was arrested for allegedly transporting 144 litres of illicit country‑made liquor in a stolen scooter and was charged under Section 317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that the statutory procedure under Section 105 of the B.N.S.S. was not followed, and that no incriminating article was found in his conscious possession. The State opposed bail, highlighting his prior similar offence and labeling him a habitual offender. The Court, after weighing the submissions and circumstances, ordered that the petitioner be released on regular bail upon furnishing a Rs.10,000 bond with two sureties and subject to conditions of personal appearance and possible cancellation if he commits any offence. The application for bail was therefore allowed.
Issues considered
- Whether regular bail should be granted to the petitioner despite a prior similar criminal antecedent and the nature of the alleged offence.
- Whether the procedural requirements under Section 105 of the B.N.S.S. were complied with in the investigation.
- Whether the recovery of illicit liquor from the stolen scooter constitutes possession sufficient to deny bail.
Legislation cited
Subjects
- regular bail
- illicit liquor
- habitual offender
- Section 105 procedural lapse
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15136 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
Vikas Kumar @ Vikash Kumar S/o Jodhan Sahni @ Jodhan Sahani @ Jodhan
Mahto R/o (Deewan Mohalla) Hamam Par, P.S.- Khajekala, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 23-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Alamganj P.S. Case No.
50 of 2026 registered for the offences punishable under Section
317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution case, total 144 litres of illicit
country made liquor was recovered from a stolen scooty which
the petitioner was driving.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has also been submitted that the procedure
prescribed under Section 105 of the B.N.S.S. has not been
Patna High Court CR. MISC. No.15136 of 2026(3) dt.23-04-2026
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followed. No incriminating article has been recovered from the
conscious possession of the petitioner. Lastly, it has been
submitted that although the petitioner has one criminal
antecedent of a similar nature, he is on bail in that case and is in
custody since 16.01.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and has submitted that the
petitioner has one criminal antecedent of similar nature, which
indicates that he is a habitual offender.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Patna, in connection with Alamganj
P.S. Case No. 50 of 2026, with condition(s):-
(i) the petitioner is directed to
remain physically present before the learned
Court below on each and every date, failure
on two consecutive dates without reasonable
cause, the bail bonds of the petitioner would
be liable to be cancelled.
(ii) If the petitioner’s involvement
is found in any nature of offence in the
future, the prosecution will be at liberty to
move for cancellation of his bail bonds.
Patna High Court CR. MISC. No.15136 of 2026(3) dt.23-04-2026
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7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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