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Patna High Court

VIMLESH KUMARversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

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

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
                                                         2/2




                       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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