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Patna High Court

Vikky KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioners on condition of a Rs 10,000 bond with two sureties.

Summary

The petitioners, Vikky Kumar and Lal Bihari Kumar, were drivers of two vehicles from which police recovered 218.16 litres of illicit liquor and 459.50 litres of beer. They applied for bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, claiming they were unaware of the liquor, that nothing was recovered from their personal possession, and that the seizure did not comply with Section 105 of the BNSS. The State opposed the bail. The Court noted the petitioners’ lack of criminal antecedent, their claim of ignorance, and the alleged procedural lapse in the seizure, and therefore decided to enlarge them on bail. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount. The bail was granted subject to the satisfaction of the Exclusive Special Excise Court, Gaya.

Issues considered

  • Whether bail can be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act despite the seizure of illicit liquor
  • Whether the seizure complied with the requirements of Section 105 of the BNSS

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • seizure
  • procedural compliance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26671 of 2026
                          Arising Out of PS. Case No.-35 Year-2026 Thana- Bahera District- Gaya
                 ======================================================
           1.     Vikky Kumar Son of Prem Kumar Resident of Village - Kishanpur, P.S. and
                  District - Chatra (Jharkhand)
           2.     Lal Bihari Kumar Son of Jhubar Sao @ Jhugar Sao R/o Baglata Naya Toli
                  Simliya, P.S.- Ratu, District - Ranchi (Jharkhand).
                                                                             ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jitendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-04-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Bahera P.S. Case No.35 of 2026 registered for the offence

                   punishable under Sections 30(a) of Bihar Prohibition and Excise

                   (Amendment) Act.

                                3. The case of the prosecution, in short, is that from

                   two vehicles which were driven by the petitioners altogether

                   218.16 liter of illicit liquor and 459.50 liter of beer was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that both the petitioners are drivers of

                   the vehicles. Learned counsel for the petitioners has submitted
            Patna High Court CR. MISC. No.26671 of 2026(2) dt.22-04-2026
                                                        2/2




                      that the petitioners were unaware of the said liquor. It has

                      further been submitted that nothing has been recovered from

                      their possession. Learned counsel for the petitioners has further

                      submitted that the witnesses of the seizure list are police

                      personnel and police have not complied Section 105 of the

                      BNSS while making seizure. Learned counsel for the petitioners

                      has further submitted that the petitioners are having no criminal

                      antecedent and they are in judicial custody since 26.02.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) each with two

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

                      of learned Exclusive Special Excise Court No.05, Gaya Ji in

                      connection with Bahera P.S. Case No.35 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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