Patna High Court
Vikas Kumar Ray @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000, two sureties, and verification of his criminal antecedents under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Vikas Kumar Ray, was implicated in a case alleging illegal procurement of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 153 litres from the toilet of a closed Sanskrit school. The petitioner contended that he had no possession of the liquor, that the location was a public place, and that his name appeared only on the basis of a chaukidar’s statement, also noting a prior similar case where bail was granted. The State opposed bail, arguing the seriousness of the offence. The Court, after hearing both sides, ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. and the condition that concealment of antecedents would lead to cancellation of bail. The order emphasizes that bail bond acceptance should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the evidence linking the petitioner to the seized liquor is sufficient to deny bail.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- foreign liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- seizure
- public place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18444 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- UJIYARPUR District- Samastipur
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Vikas Kumar Ray @ Vikash Kumar Son of Late Baidnath Rai @ Vishwanath
Ray @ Vaidyanath Ray Resident of ward no. 08, Satanpur, P.S.- Ujiyarpur,
Dist - Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Ujiarpur P.S. Case No. 34 of 2026 for allegedly
having 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 got secret information that three
persons including the petitioner have illegally procured foreign
liquor and have stored the same in the toilet of the closed
Sanskrit School situated in Village Satanpur. On the said
information, the police team reached near the Sanskrit School
and upon search, foreign liquor to the tune of 153 litres was
Patna High Court CR. MISC. No.18444 of 2026(2) dt.25-03-2026
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recovered from the spot.
4. The learned counsel for the petitioner submits
that the petitioner has got no concern with the alleged seized
liquor, since the same has been seized from a Sanskrit School.
Nothing has been recovered from the conscious possession of
the petitioner and the toilet of the Sanskrit School is accessible
to all, since it is a public place. The name of the petitioner
transpired in the case only on the basis of the statement given by
the local chaukidar. The petitioner is having one criminal
antecedent of similar nature in which he has been granted bail
by the competent Court.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties,
let the petitioner, above named, in the event of arrest or
surrender within a period of eight weeks, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise-I, Samastipur in connection
with Ujiarpur P.S. Case No. 34 of 2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.,
with further condition:
Patna High Court CR. MISC. No.18444 of 2026(2) dt.25-03-2026
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(1) 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
antecedents, the court concerned shall take steps 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.
(Ritesh Kumar, J)
AjayMishra/-
U T
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