Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petition for regular bail, directing release on a bond of Rs. 10,000 with two sureties.
Summary
Vikash Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 150 litres of illicit country-made liquor were recovered from a motorcycle he was driving. He contended that he was innocent, did not own the motorcycle, and that the procedural requirements of Section 105 of the B.N.S.S. were not complied with. The State opposed his bail, arguing the seriousness of the offence. The Court examined the record, noted the petitioner’s lack of prior criminal history and his claim of non‑ownership, and considered the alleged procedural lapse. It ordered that the petitioner be released on regular bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount. The application for bail was therefore allowed.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving illicit liquor.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. affects the grant of bail.
- Whether the petitioner’s claim of non‑ownership of the vehicle and lack of prior criminal record justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- illicit liquor
- Section 30
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18248 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Vikash Kumar S/O Prahlad Ray R/O Damrahi Ghat, P.S.- Malsalami, Dist.-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kr. Arya, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 04-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Malsalami P.S. Case No.
56 of 2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 150 litres of illicit
country made liquor was recovered from the motorcycle which
the petitioner was driving.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the motorcycle does
not belong to the petitioner and he has no concern with the said
recovery. It has also been submitted that the procedure
Patna High Court CR. MISC. No.18248 of 2026(3) dt.04-05-2026
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prescribed under Section 105 of the B.N.S.S. has not been
followed. Lastly, it has been submitted that the petitioner has got
no criminal antecedent and is in custody since 30.01.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record, the
petitioner above-named is directed to be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Patna, in connection with Malsalami
P.S. Case No. 56 of 2026.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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