Created by Fuzzy Cloud

Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to specified conditions.

Summary

Vishal Kumar and Dhanu Kumar were arrested on 15 March 2026 in connection with the seizure of 1080 litres of illicit liquor, alleged to be offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The petitioners contended that the liquor was recovered from a vehicle they did not own and that no liquor was found in their conscious possession, invoking a clean antecedent and alleging non‑compliance by police with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail, while the petitioners' counsel argued that the charge sheet was filed without proper investigation. The court examined the factual matrix, the procedural lapses alleged, and the petitioners' lack of prior convictions. It granted bail to both petitioners on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act considering alleged procedural lapses and lack of conscious possession.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise
  • Section 30(a)
  • Section 47
  • procedural lapse
  • clean antecedent
  • vehicle ownership
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25490 of 2026
                       Arising Out of PS. Case No.-202 Year-2026 Thana- Excise P.S. District- Siwan
                 ======================================================
           1.     Vishal Kumar Son of Ramesh Yadav Resident of Village- Sidhwal, P.S.-
                  Hussainganj, District- Siwan
           2.    Dhanu Kumar Son of Sudaran Prasad Resident of Village- Titra, Phulwariya,
                 P.S.- Mairwa, District- Siwan


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pankaj Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER


2   16-04-2026                    Heard Mr. Pankaj Kumar Singh, learned counsel for

                   the petitioners and Mr. Pronoti Singh, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioners seek bail who are in custody since

                   15.03.2026 in connection with Siwan Excise P.S. Case No.

                   202/2026, F.I.R. dated 14.03.2026 for the offences punishable

                   under Sections 30(a) and 47 of the Bihar Prohibition and Excise

                   Act.

                               3. Recovery is of 1080 liters of illicit liquor.

                               4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been
Patna High Court CR. MISC. No.25490 of 2026(2) dt.16-04-2026
                                            2/3




          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 petitioners

          rather the recovery has been made from vehicle in question and

          the petitioners are not the owner of the vehicle in question. The

          seizure list witnesses are police personnel and there is non-

          compliance of Sections 103 and 105 of the BNSS. He further

          submits that the police after investigation submitted the charge

          sheet against the petitioners. The petitioners are in custody since

          15.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned Exclusive Special Excise Court-2, Siwan in connection

          with Siwan Excise P.S. Case No. 202/2026, subject to the

          following conditions:-

                        i. Petitioners 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
             Patna High Court CR. MISC. No.25490 of 2026(2) dt.16-04-2026
                                                         3/3




                        on his absence on two consecutive dates without sufficient

                        reason, his bail bonds shall be cancelled by the Court below.

                                     ii. If the petitioners 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 petitioners and in case at

                       any stage it is found that the petitioners have concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioners. 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)
atul/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.