Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Vijay Kumar, was arrested after 17.280 litres of liquor were recovered from a motorcycle and charged under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that the vehicle did not belong to him, and that no incriminating material was found in his possession. The State opposed bail, while the petitioner highlighted his lack of concern with the recovered liquor, a single prior criminal antecedent, and non‑compliance with Section 103 of the B.N.S.S., 2023. Considering the circumstances, the court found the bail application reasonable. The court ordered his release on bail upon furnishing a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted in a Special Excise case under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged lack of possession of the liquor and the vehicle’s ownership affect the bail decision.
- Whether non‑compliance with Section 103 of the B.N.S.S., 2023 precludes grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- special excise
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 41
- Section 56
- false implication
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2019 of 2026
Arising Out of PS. Case No.-444 Year-2025 Thana- SAHPUR District- Patna
======================================================
Vijay Kumar Son of Triloki Nath Singh Resident of Khaspur P.S -Maner,
Dist- patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Kumar, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Special Excise Case No.
2302 of 2025, arising out of Shahpur P.S. case No. 444 of 2025
instituted for the offences under Sections 30(a), 41 and 56 of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 17.280 liters
liquor was recovered from motorcycle and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
Patna High Court CR. MISC. No.2019 of 2026(2) dt.19-01-2026
2/2
has got no concern with the alleged recovery of liquor. It is
further submitted that the vehicle in question does not belong to
the petitioner. The petitioner has been falsely implicated with
ulterior motive. The petitioner is in custody since 13.11.2025
and has got one criminal antecedent. There is no compliance of
Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Special Excise Case
No. 2302 of 2025, arising out of Shahpur P.S. case No. 444 of
2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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