Patna High Court
Vikesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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