Patna High Court
Vikky KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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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