Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted as there is no material linking the petitioner directly to the recovered illicit liquor.
Summary
The petitioner, Vijay Kumar, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 100 litres of illicit country-made liquor were recovered from an open field. The prosecution alleged that the liquor was recovered in connection with a case registered under PS‑24/2026, but no incriminating material was found in the petitioner's possession. The petitioner’s counsel argued that the recovery was from a public area accessible to all and that the petitioner’s name only surfaced during investigation, with no direct link to the contraband. The court examined these facts and concluded that the lack of personal possession or direct evidence against the petitioner warranted the grant of anticipatory bail. Accordingly, the court ordered anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged contraband was recovered from an open field and no material was found on his person.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17555 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Vijay Kumar Son of Bramdev Singh @ Bramdeo Singh @ Bhramdev Yadav
Resident of Village- Asni, P.S.- Udawantnagar, Dist.- Bhojpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 100 litres illicit country
made liquor was recovered from an open field.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of petitioner and name of the petitioner transpired
during investigation. Recovery has been made from an open
field, accessible to all.
5. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
Patna High Court CR. MISC. No.17555 of 2026(2) dt.01-04-2026
2/2
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Judge-2, Bhojpur at Ara in connection with Udwantnagar
P. S. Case No. 24 of 2026, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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