Patna High Court
Vivek Kumar @ Vivek SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the liquor was not recovered from the petitioners' conscious possession, subject to prescribed conditions.
Summary
Vivek Kumar and Randhir Singh were arrested on 1 March 2026 in connection with a case involving the seizure of 142.170 litres of foreign liquor from a house jointly owned by the petitioners. They were charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioners argued that the liquor was not in their conscious possession and that one of them had a clean antecedent while the other had prior convictions but was already seeking bail in another case. The Additional Public Prosecutor opposed bail. The court noted that the seizure was from the joint house and not from the petitioners' direct control, and therefore granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or concealment of antecedents.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 when the seized liquor was not in their conscious possession.
- Whether the petitioners' prior criminal antecedents preclude the grant of bail.
- Whether joint ownership of the property from which the liquor was recovered affects the bail decision.
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- joint property
- criminal antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26200 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- SANJHOLI District- Rohtas
======================================================
1. Vivek Kumar @ Vivek Singh S/O Randhir Singh @ Lalo Singh R/O
Village- Sanjhauli, P.S- Sanjhauli, Distt.- Rohtas.
2. Randhir Singh @ Lalo Singh @ Lale Singh S/O Rambachan Singh R/O
Village- Sanjhauli, P.S- Sanjhauli, Distt.- Rohtas.
... ... petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Mr. Ravi Kant, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr. Ravi Kant, learned counsel for the
petitioners and Mr. Narsingh Tanti, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
01.03.2026 in connection with Sanjhauli P.S. Case No. 45 of
2026, F.I.R. dated 01.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2022.
3. Recovery is of 142.170 liters of foreign liquor.
4. Learned counsel for the petitioners submits that
petitioner no. 2 has clean antecedent and petitioner no. 1 carries
two criminal antecedents other than the present one but he is on
Patna High Court CR. MISC. No.26200 of 2026(2) dt.20-04-2026
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bail in one case and one case is pending for consideration before
competent court of law and they have falsely been 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 of 142.170 liters of foreing liquor has been made from
the house of the petitioner no. 1 and co-accused person. He
further submits that petitioners are not the absolute owners of
the house in question rather the same is the joint house property
of the petitioners. The petitioners are in custody since
01.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that nothing has been recovered from the conscious possession
of the petitioners rather the recovery has been made from the
joint house property of the petitioners, 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 Judge-II, Sasaram in connection with Sanjhauli P.S. Case
No. 45 of 2026 subject to the following conditions:-
Patna High Court CR. MISC. No.26200 of 2026(2) dt.20-04-2026
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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
on their absence on two consecutive dates without sufficient
reason, their bail bond 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 their
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)
Vanisha/-
U T
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