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Patna High Court

Vickky Kumar @ Bittu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Vickky Kumar, was arrested in connection with the seizure of 18.5 litres of illicit foreign liquor, a pistol and four live cartridges from a temple, alleged to violate Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1‑B)(a) and 26 of the Arms Act. The petitioner claimed he was falsely implicated, argued that the seizure was not made in accordance with Section 105 of the BNSS, and contended that nothing was recovered from his possession. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the Court considered the lack of direct possession, procedural lapses in the seizure, and the petitioner’s custodial period since 4 February 2026. The Court granted bail on a bond of Rs 10,000 with two sureties, subject to satisfaction of the Special Excise Judge, Danapur.

Issues considered

  • Whether bail should be granted to the petitioner under the offences charged under the Bihar Prohibition and Excise Act and the Arms Act
  • Whether the seizure complied with the procedural requirements of Section 105 of the BNSS
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition act
  • arms act
  • seizure
  • Section 105
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21507 of 2026
                         Arising Out of PS. Case No.-117 Year-2026 Thana- BIHTA District- Patna
                 ======================================================
                 Vickky Kumar @ Bittu Kumar Son of Sanjay Kumar @ Sanjay Ram @
                 Sanjay Prasad R/o Village - Bihta, P.S. - Bihta in the district of Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivam Kumar, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-04-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bihta P.S. Case No. 117 of 2026 registered for the offence

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Act and Sections 25(1-B)(a), 26 of the Arms Act.

                                3. The case of the prosecution, in short, is that, on the

                   disclosure made by this petitioner, a total of 18.5 liters of illicit

                   foreign liquor, one country-made pistol and four live cartridges

                   were recovered from a temple.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the
           Patna High Court CR. MISC. No.21507 of 2026(2) dt.06-04-2026
                                                       2/2




                     possession of the petitioner rather the recovery has been made

                     from an open place. He also submits that the witnesses of the

                     seizure list are police personnel and the police has not complied

                     with Section 105 of the BNSS while making the seizure. He

                     further submits that the petitioner is languishing in judicial

                     custody since 04.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of one case.

                                  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 learned Court

                     of Special Excise Judge, Danapur in connection with Bihta P.S.

                     Case No. 117 of 2026.


                                                        (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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