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Patna High Court

Vivek Kumar Ray @ Vevek Kumar Rai @ Vivek Kumar @ Vivek Kumar Yadav @ Vivek YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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