Patna High Court
Vikash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
Vikash Kumar Singh, the petitioner, was arrested on 11 February 2026 in connection with a case involving the seizure of 538.920 litres of foreign liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. He contended that the liquor was recovered from a vehicle, not from his personal possession, and that he was falsely implicated, citing that co‑accused individuals had already been granted regular or anticipatory bail. The State opposed bail, noting the petitioner’s involvement in four similar pending cases. The Court, observing that the co‑accused had been released on bail and that the evidence against the petitioner was largely based on suspicion, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering of evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the District & Additional Sessions Judge, Gopalganj.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 given the circumstances of the case.
- Whether the granting of bail or anticipatory bail to co‑accused persons influences the petitioner's entitlement to bail.
- Whether the suspicion‑based evidence and the petitioner's other pending cases warrant denial of bail.
Subjects
- bail
- anticipatory bail
- foreign liquor seizure
- Bihar Prohibition & Excise Act
- Section 30(a)
- criminal procedure
- suspicion
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19513 of 2026
Arising Out of PS. Case No.-110 Year-2024 Thana- SRIPUR District- Gopalganj
======================================================
Vikash Kumar Singh son of Harishankar singh Resident Of Village- Rampur
Kala, Ps- Phulwariya, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the State : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Deepankar Raj, learned counsel for the
petitioner and Mr. Dr. Kumar Uday Pratap, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
11.02.2026, in connection with Sripur P.S. Case No. 110 of
2024, F.I.R. dated 01.07.2024 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Act, 2016.
3. Recovery is of 538.920 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. It appears from
Patna High Court CR. MISC. No.19513 of 2026(2) dt.31-03-2026
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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 the petitioner
has been made accused on the basis of suscpion and except
suspicion, no other cogent material has come during
investigation to suggest the involvement of the petitioner in the
present occurrence. He further submits that co-accused person,
namely, Vikash Kumar Singh has been granted the privilege of
anticipatory bail by a Coordinate Bench of this Court vide order
dated 13.12.2024 passed in Cr. Misc. No. 87057 of 2024,
another co-accused person, namely, Ritik Yadav has been
granted the privilege of anticipatory bail by a Coordinate Bench
of this Court vide order dated 17.03.2026 passed in Cr. Misc.
No. 17082 of 2026, another co-accused person, namely, Ranjan
Kumar Yadav @ Ranjan Yadav has been granted bail by a
Coordinate Bench of this Court vide order dated 11.04.2025
passed in Cr. Misc. No. 10876 of 2025, respectively. The
petitioner is in custody since 11.02.2026.
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 four more cases
of similar nature other than the present one but fairly submits on
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the basis of paragraph-3 of the bail petition that the petitioner is
on bail in the pending matters.
6. Considering the facts and circumstances of the case
and the fact that similarly situated co-accused persons have been
granted regular bail or privilege of anticipatory bail by a
different Coordinate Benches of this Court, 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 District &
Additional Sessions Judge XIII-cum-Special Judge Excise-I,
Gopalganj in connection with Sripur P.S. Case No. 110 of 2024,
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
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
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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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