Patna High Court
Vimal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Vimal Kumar was arrested on 16 February 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 135 litres of illicit liquor were seized from a motorcycle. The petitioner claimed he had no prior criminal record, was not in actual possession of the liquor or the motorcycle, and that the investigation failed to comply with Sections 103 and 105 of the BNSS, 2023. The Additional Public Prosecutor opposed bail. The High Court, noting the clean antecedent and procedural lapses, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The order directed that bail not be delayed for verification purposes. The bail was thus allowed with stipulated safeguards.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 in view of the alleged offence and procedural non‑compliance.
- Whether the non‑compliance of Sections 103/105 of the BNSS, 2023 warrants bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- BNSS 2023
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20942 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- Excise Benipatti District- Madhubani
======================================================
Vimal Kumar S/o Tapeshwar Yadav R/o Village- Pipraun Road Dighiya, P.S.-
Harlakhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Mr. Ravi Prakash, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.02.2026 in connection with Benipatti Excise P.S. Case No.
42 of 2026, F.I.R. dated 16.02.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. Recovery is of 135 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He 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
Patna High Court CR. MISC. No.20942 of 2026(2) dt.30-03-2026
2/3
the recovery of 135 liters of illicit liquor has been made from
the motorcycle in question. He further submits that the
petitioner has no concern at all from the alleged recovery of the
illicit liquor or the motorcycle in question. There is non-
compliance of section 103/105 of the BNSS, 2023. The
petitioner is in custody since 16.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and there is non-
compliance of Section 103/105 of the BNSS, 2023, let the
petitioner, above named, 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, Madhubani in connection with Benipatti
Excise P.S. Case No. 42 of 2026, subject to the following
conditions:-
i. 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.
Patna High Court CR. MISC. No.20942 of 2026(2) dt.30-03-2026
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ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Vanisha/-
U T
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