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Patna High Court

Vikrant Kumar @ Vikrant Kumar Mandal @ Vikrant MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
               Patna High Court CR. MISC. No.18099 of 2026(2) dt.25-03-2026
                                                           3/3




                         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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