Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as nothing was recovered from the petitioner's conscious possession and there was non‑compliance with Section 103 of the BNSS, 2023.
Summary
Vikash Kumar was arrested on 20 January 2026 in connection with an excise case involving the recovery of 175 litres of spirit from a vehicle, and was charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Amendment Act, 2018. The petitioner contended that the spirit was not found in his conscious possession and that the investigation failed to comply with Section 103 of the BNSS, 2023, rendering the accusation based merely on suspicion. The State opposed bail, noting a similar pending case, but acknowledged the petitioner was already on bail in that matter. The High Court, after considering the lack of direct possession and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and no tampering with evidence. The order also directed verification of the petitioner’s criminal antecedents without delaying the bail release.
Issues considered
- Whether bail should be granted when the seized contraband was not found in the petitioner's conscious possession.
- Whether non‑compliance with Section 103 of the BNSS, 2023 justifies granting bail.
- Whether the existence of another pending case of similar nature affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- Section 32(3)
- Section 103
- BNSS
- Bihar
- criminal procedure
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18433 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Vikash Kumar S/o Kalendra Saw R/o Village- Tiwary Muhalla, P.S.-
Daudnagar, Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the State : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 25-03-2026 Heard Ms. Mukul Kumari, learned counsel for the
petitioner and Mr. Parmanand Prasad, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
20.01.2026, in connection with G.R. No. 138 of 2026 arising out
of Excise P.S. Case No. 78 of 2026, F.I.R. dated 20.01.2026
registered for the offences punishable under Sections 30(a) and
32(3) of the Bihar Prohibition & Excise Amendment Act, 2018.
3. Recovery is of 175 litres of spirit.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. She further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather recovery has been
made from the vehicle in question and altogether 175 litres of
Patna High Court CR. MISC. No.18433 of 2026(2) dt.25-03-2026
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spirit was recovered from the vehicle in question and petitioner
has been made accused on the basis of suspicion and there is
non-compliance of Section 103 of BNSS, 2023 and the
petitioner is in custody since 20.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
of similar nature other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is
on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Section 103 of the BNSS, 2023, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge of Excise-II,
Aurangabad in connection with G.R. No. 138 of 2026 arising
out of Excise P.S. Case No. 78 of 2026, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.18433 of 2026(2) dt.25-03-2026
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and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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