Patna High Court
Vivek Kumar Ray @ Vevek Kumar Rai @ Vivek Kumar @ Vivek Kumar Yadav @ Vivek YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is entitled to regular bail subject to a Rs.10,000 bond, two sureties, and attendance conditions.
Summary
Vivek Kumar Ray was arrested in connection with the seizure of 100 litres of illicit liquor and charged under section 30(a) of the Bihar Prohibition & Excise Act. He had earlier been granted bail, which the lower court rejected because he had suppressed his antecedents. The petitioner filed a regular bail application, arguing that the period of his custody since 31 July 2025 was considerable. The High Court considered the nature of the offence, the length of custody, and the earlier suppression, and decided to grant bail. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount and to appear at the Chapra Muffasil Police Station on the first and third Sundays of each month, with non‑appearance leading to cancellation of bail.
Issues considered
- Whether regular bail should be granted to the petitioner despite his suppression of antecedents.
- Whether the period of custody justifies the grant of bail in a case under the Bihar Prohibition & Excise Act.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- regular bail
- illicit liquor
- Bihar Prohibition & Excise Act
- suppression of antecedents
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2591 of 2026
Arising Out of PS. Case No.-429 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Vivek Kumar Ray @ Vevek Kumar Rai @ Vivek Kumar @ Vivek Kumar
Yadav @ Vivek Yadav S/o Suresh Rai R/o vill - Jatua, P.S.- Chapra Muffasil,
Distt.- Saran at Chapra
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in
connection with Muffasil P.S. Case No.429 of 2025 registered
for the offence under section 30(a) of the Bihar Prohibition &
Excise Act.
3. Earlier, the prayer of the petitioner for grant
of bail was allowed by this Court vide order dated 22.09.2025
passed in Criminal Miscellaneous No.61779 of 2025 but, the
bail bonds of the petitioner was not accepted by the court below
because he had suppressed his antecedents.
4. There is recovery of 100 liters of illicit liquor
from the petitioner.
5. The petitioner is in custody since
Patna High Court CR. MISC. No.2591 of 2026(2) dt.12-02-2026
2/2
31.07.2025.
6. Considering the period of custody of the
petitioner, this bail application is allowed.
7. 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
the concerned Court below, in connection with Muffasil P.S.
Case No.429 of 2025.
8. This is also subject to the condition that the
petitioner, after being released on bail, is directed to mark his
attendance at Chapra Muffasil Police Station, District- Saran at
Chapra on first and third Sunday of the month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
(Sandeep Kumar, J)
pawan/-
U T
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