Patna High Court
Vicky Kumar @ Vikki KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Vicky Kumar was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 180 litres of illegal Nepali liquor. The prosecution claimed the liquor was recovered from the petitioner, while his counsel contended that nothing was seized and that the police failed to comply with Section 105 of the BNSS during the seizure. The petitioner had no prior criminal record and had been in judicial custody since 3 February 2026. The State opposed the bail application. After hearing both sides, the High Court granted bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether bail should be granted to the petitioner in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS by the police affects the bail decision.
- Whether the petitioner’s lack of criminal antecedents and custody status warrant bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- seizure procedure
- Section 105 BNSS
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18718 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- SONBERSA District- Sitamarhi
======================================================
Vicky Kumar @ Vikki Kumar S/o Shatrudhan Ram @ Shatrudhna Ram R/o
Village- Sonbarsa @ ward no. 3, Sonbarsa, P.S.- Sonbarsa, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sonbarsa P.S. Case No.32 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner altogether 180 liters of illegal
Nepali country made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of the petitioner. Learned counsel for the
petitioner has further submitted that the witnesses of the seizure
list are police personnel and police has not complied Section
Patna High Court CR. MISC. No.18718 of 2026(2) dt.24-03-2026
2/2
105 of the BNSS while making seizure. Learned counsel for the
petitioner has further submitted that the petitioner is having no
criminal antecedent and he is in judicial custody since
03.02.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Excise Court no.1, Sitamarhi in connection
with Sonbarsa P.S. Case No.32 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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