Patna High Court
Vicky KumarversusThe 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 a Rs.10,000 bond and the stipulated conditions.
Summary
Vicky Kumar was arrested on 4 February 2026 in connection with an excise case for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, after 96 litres of country‑made liquor were recovered from a motorcycle. The petitioner argued that the liquor was not in his conscious possession, he did not own the motorcycle, and that Sections 103 and 105 of the BNSS, 2023 were not complied with. The State contended that the petitioner was apprehended at the scene and had two other pending cases, though he was on bail in those matters. The High Court considered the bail petition and, despite the State’s objections, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted when the seized liquor was recovered from a vehicle not owned by the accused and there is alleged non‑compliance of Sections 103 and 105 of BNSS, 2023.
- Whether the petitioner’s lack of conscious possession of the liquor affects the bail decision.
- Whether the petitioner’s other pending cases influence the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- illegal liquor
- Section 30(a)
- BNSS 2023
- possession
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21305 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Vicky Kumar S/o Dinesh Yadav @ Lallu Yadav R/o Village - Lakhpat Bigha,
P.S - Thali, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shankar Kumar, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr.Shankar Kumar, learned counsel for the
petitioner and Mr.Arun Kumar Pandey, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
04.02.2026 in connection with Excise P.S. (Nawada) Case No.
128 of 2026, F.I.R. dated 04.02.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 96 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR it appears that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from the
motorcycle in question and altogther 96 liters of country made
Patna High Court CR. MISC. No.21305 of 2026(2) dt.31-03-2026
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liquor has been recovered from the motorcycle in question and
petitioner is not the owner of the motorcycle in question and
there is non-compliance of Sections 103 and 105 of BNSS, 2023
and the petitioner is in custody since 04.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner was
apprehended at the place of occurrence, apart from that, the
petitioner carries two more cases other than the present one but
he fairly submits that the petitioner is on bail in both the cases,
as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact and there is non-
compliance of Sections 103 and 105 of 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 learned Exclusive Special
Excise Court No.II, Nawada in connection with Excise P.S.
(Nawada) Case No. 128 of 2026, with 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.21305 of 2026(2) dt.31-03-2026
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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)
Nitesh/-
U T
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