Patna High Court
VIMLESH KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner.
Summary
Vimlesh Kumar was arrested in connection with the alleged recovery of 916.20 litres of liquor from a motorcycle and charged under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He contended that he was not caught in possession, was not the owner of the vehicle, and that the case against him rested solely on a confessional statement made by another accused in police custody, which he argued lacked evidentiary value. The petitioner had been in custody since 6 November 2025 and a charge‑sheet had been filed. He applied for bail, assuring the court of his cooperation and that he would not abscond. The court, after considering the submissions, granted bail on the condition of a Rs.5,000 bond and two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offence under the Bihar Prohibition and Excise Act and the reliance on a confessional statement of another accused.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
Subjects
- bail
- excise law
- liquor seizure
- confessional statement
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 317
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17388 of 2026
Arising Out of PS. Case No.-244 Year-2025 Thana- PARIHAR District- Sitamarhi
======================================================
VIMLESH KUMAR S/O NAVENDRA MAHTO R/V- PARWAHA, P.S.-
PARIHAR, DIST.- SITAMARHI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 317(5) of BNS and Section
30(a) of Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 916.20 litres of liquor from a
motorcycle. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and is not the owner of the seized vehicle and he
came to be implicated based on confessional statement of
apprehended accused in police custody which does not have any
evidentiary value. It is next submitted that petitioner is in
Patna High Court CR. MISC. No.17388 of 2026(2) dt.18-04-2026
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custody since 06.11.2025 and charge sheet has been submitted.
It is also submitted that if privilege of bail is granted to the
petitioner, the petitioner will not abscond rather will cooperate
in the trial to prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Parihar
P.S. Case No.244/2025.
(Satyavrat Verma, J)
amit/-
U T
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