Patna High Court
Vikas Kumar @ Ghocha @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Vikas Kumar, was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act after 120 litres of illicit liquor were recovered from an e‑rickshaw. He is alleged to be one of the persons involved, as identified by co‑accused, and has prior criminal antecedents, being named in nine criminal cases, including five under the Excise Act. The petitioner applied for bail, arguing that he should be released pending trial. The court examined the seriousness of the offence, the quantity of illicit liquor seized, and the petitioner’s extensive criminal record. Considering these factors, the court was not inclined to grant bail. Consequently, the bail application was dismissed, with the petitioner permitted to re‑apply after the charge is framed.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of the seizure of 120 litres of illicit liquor and his prior criminal antecedents.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23597 of 2026
Arising Out of PS. Case No.-126 Year-2026 Thana- MALSALAMI District- Patna
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Vikas Kumar @ Ghocha @ Vikash Kumar Son of Sahdev mahto Resident Of
Village- Jamunapur, Chai Tola, Ps -Malsalami, District -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyam Kumar Chaudhary, Advocate
For the State : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Malsalami P.S. Case No. 126 of 2026 registered for the offence
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, there is recovery of
120 litres of illicit liquor from the E-rickshaw.
4. The petitioner is accused in nine criminal cases
including five cases under the Excise Act. He has been named
by the co-accused as one of the persons involved in the crime in
which 120 litres of illicit liquor has been recovered.
5. Considering the fact of the case and the criminal
antecedent, I am not inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.23597 of 2026(2) dt.15-04-2026
2/2
6. Accordingly, the application stands dismissed.
7. The petitioner may renew his prayer for bail after
framing of charge in this case.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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