Patna High Court
Vikrant Kumar @ Vikrant Kumar Mandal @ Vikrant MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail may be granted subject to a bond and verification of criminal antecedent, as the petitioner was not found in possession of the seized liquor and has no prior record.
Summary
Vikrant Kumar was arrested in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for allegedly attempting to sell illicit liquor. The police seized 57 litres of country-made liquor from an open area, but no liquor was found in the petitioner's conscious possession and he has no prior criminal record. The petitioner argued that the recovery was from a public place and that his name appeared only in a chowkidar's statement. The State opposed bail. The High Court, considering these facts, granted bail on a bond of Rs.10,000 with two sureties, subject to verification of any concealed criminal antecedent, invoking Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of possession of the seized liquor and lack of prior criminal record justify the grant of bail.
- Whether the court may condition bail on verification of the petitioner's criminal antecedent.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- illicit liquor
- prohibition
- excise
- criminal antecedent
- Section 30
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18099 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- Rangara District- Bhagalpur
======================================================
Vikrant Kumar @ Vikrant Kumar Mandal @ Vikrant Mandal S/O Sidheshwar
Mandal Resident of Village- Simaiya Tola Tintanga, Police Station- Rangra,
District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Rangra P.S. Case No.313 of 2025, for having allegedly
committed offence under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution case, while the informant
was on patrolling duty, he received secret information that two
persons are going to sell illicit liquor which has been kept in a
bag and on information, when he reached the place along with
police personnel, both the persons fled away and upon search,
total 57 litres of country made liquor was seized.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.18099 of 2026(2) dt.25-03-2026
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nothing has been recovered from the conscious possession of
the petitioner and the recovery has been made from an open
place which accessible to all. The learned counsel for the
petitioner further submits that the name of the petitioner has
transpired on the statement made by the local Chowkidar. The
petitioner has got no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail.
6. Having considered the rival submissions, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing a
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
A.D.J., 9th-cum-Special Judge Excise-01st, Bhagalpur in
connection with Rangra P.S. Case No.313 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S. with
a further condition that:-
The learned court concerned 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 concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
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the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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