Patna High Court
Vicky Kumar @ Sarwan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Vicky Kumar, sought bail in a case where 79.02 litres of illicit foreign liquor were seized from an e‑rickshaw, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, not the owner, and that the liquor was not recovered from his possession; he also argued that the police failed to comply with Section 105 of the BNSS during the seizure. The State opposed the bail, asserting the seriousness of the offence. After hearing both sides, the Court found merit in the petitioner's claim of non‑ownership and procedural lapses, and noted his lack of prior criminal record. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Special Judge, Excise Court No. 1, Rohtas.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with Section 105 of the BNSS.
- Whether the petitioner, as driver and not owner, can be held liable for the alleged offence.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition
- excise
- illicit liquor
- seizure
- driver
- e‑rickshaw
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22937 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- BHANAS District- Rohtas
======================================================
Vicky Kumar @ Sarwan Kumar Singh Son of Ram Awadh Singh R/o Village
- Ramgarh, P.S. - Balua or Baluari, Dist. - Chandauli, Uttar Pradesh.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bhanas P.S. Case No. 13 of 2026 registered for the offence
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that
altogether 79.02 liters of illicit foreign liquor was recovered
from an e-rickshaw.
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 the petitioner is not the owner of the
e-rickshaw rather he is driver. He further submits that nothing
Patna High Court CR. MISC. No.22937 of 2026(2) dt.07-04-2026
2/2
has been recovered from the possession of the petitioner. 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. Moreover, a statement has been made in para 3 of
the petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 17.02.2026.
5. The application for bail is opposed by learned APP
for the State.
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
Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram
in connection with Bhanas P.S. Case No. 13 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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