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Patna High Court

Vikesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to a bond and specified conditions.

Summary

Vikesh Kumar was arrested on 20 February 2026 for alleged possession of 16.11 litres of foreign liquor, part of a total seizure of 41.36 litres under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He claimed a clean criminal record and alleged false implication, noting that the seizure list showed most liquor was recovered from a co‑accused. The prosecution opposed bail, while the petitioner argued that Sections 103 and 105 of the BNSS had not been complied with. The court examined the facts, the petitioner’s antecedents, and the procedural lapses, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s antecedent but prohibited delay in granting bail pending that verification.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether non‑compliance of Sections 103 and 105 of the BNSS warrants denial of bail.
  • Whether the petitioner’s clean antecedent and claim of false implication justify bail.

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • prohibition law
  • foreign liquor
  • Section 30(a)
  • clean antecedent
  • BNSS
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27198 of 2026
                    Arising Out of PS. Case No.-34 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
                 ======================================================
                 Vikesh Kumar S/o Prabhu Paswan Resident of Village- Singhiya Ghat, Ward
                 No.6, P.S.- Bibhutipur, District- Samastipur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dipak Kumar, Advocate
                 For the Opposite Party/s :        Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                        Heard Mr. Dipak Kumar, learned counsel for the

                   petitioner and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   20.02.2026 in connection with Chapra Rail P.S. Case No. 34 of

                   2026, F.I.R. dated 20.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 41.36 liters of foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that altogether 41.360 liters

                   of illicit foreign liquor has been recovered on the spot(train

                   coach), out of which, 25.25 liters of illicit liquor from the
Patna High Court CR. MISC. No.27198 of 2026(2) dt.22-04-2026
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          possession of co-accused, Jitendra Kumar and 16.11 liters of

          illicit liquor from the possession of the petitioner. He further

          submits that there is non-compliance of Section 103 and 105 of

          BNSS and the petitioner is in custody since 20.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and there is non-compliance of

          Section 103 and 105 of BNSS, 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 learned Exclusive Special Excise Court-03,

          Saran(Chapra) in connection with Chapra Rail P.S. Case No. 34

          of 2026, subject to the following conditions:-

                        i. Petitioner 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 his absence on two consecutive dates without sufficient

           reason, his bail bond shall be cancelled by the Court below.

                        ii. If the petitioner tampers with the evidence or the

           witnesses, in that case, the prosecution will be at liberty to

           move for cancellation of bail.
            Patna High Court CR. MISC. No.27198 of 2026(2) dt.22-04-2026
                                                        3/3




                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. 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)
Suruchi/-

U      T


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