Patna High Court
Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner Vinay Kumar was arrested on 14 January 2026 in connection with a case involving the seizure of 250 litres of country‑made liquor. The FIR alleged offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner argued that he was not found in possession of the liquor and that his name was recorded only on the basis of a local chowkidar’s statement, asserting his innocence. The prosecution opposed bail, citing two prior criminal antecedents, although the petitioner was already out on bail in those matters. The Court noted the lack of direct evidence linking the petitioner to the seized liquor and that the accusation rested solely on a third‑party disclosure. Consequently, the Court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted when the accused was not apprehended in possession of the seized liquor and the only evidence is a third‑party statement.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- seizure
- criminal antecedent
- third‑party testimony
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15138 of 2026
Arising Out of PS. Case No.-826 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Vinay Kumar S/o Rajdeo Mukhiya @ Rajdev Mukhiya R/o Village -
Harkaina, P.S - Muffasil, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 11-03-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioner and Mr. Tarkeshwar Nath Thakur, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.01.2026 in connection with Muffasil P.S. Case No. 826 of
2025, F.I.R. dated 30.12.2025 for the offences punishable under
Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
3. Recovery is of 250 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.15138 of 2026(2) dt.11-03-2026
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been made from the Sharab Bhatti situated near Bamboo
Orchard. He further submits that the petitioner was not
apprehended from the place of occurrence and his name has
been transpired during investigation on the basis of the
disclosure made by the local chowkidar and except the
aforesaid, no other material has come during investigation
which suggest the involvement of the petitioner in the present
occurrence. The petitioner is in custody since 14.01.2026.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries two criminal antecedents other
than the present one but fairly submits that he is on bail in both
the pending matters.
6. Considering the aforesaid facts and circumstances
that the name of the petitioner has been transpired on the basis
of disclosure made by the local chowkidar, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Court No.-01, Civil Court, East Champaran at Motihari in
connection with Muffasil P.S. Case No. 826 of 2025, subject to
the following conditions:-
Patna High Court CR. MISC. No.15138 of 2026(2) dt.11-03-2026
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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