Patna High Court
Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioners as the liquor was not recovered from their conscious possession.
Summary
Vikas Kumar and Shivraj Kumar were arrested after 200 litres of country‑made liquor was recovered from a scooty they were riding. They contended that the liquor was not in their conscious possession and that the scooty did not belong to them. The petition sought bail under section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2022, noting that they had been in custody since 2 March 2026. The Additional Public Prosecutor opposed the bail. The Court observed that the recovery was not from the petitioners' conscious possession and that the prolonged custody warranted relief. Consequently, the Court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 483(2) of the Bhartiya Nagarik Suraksha Sanhita, and clarified that its observations were prima facie and not on the merits.
Issues considered
- Whether bail should be granted to the accused when the seized liquor was not in their conscious possession.
- Whether the duration of custody since 2 March 2026 justifies bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 483(2)
- Bihar Prohibition and Excise (Amended) Act, 2022 — s. 30(a)
Subjects
- bail
- excise
- prohibition
- conscious possession
- liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27960 of 2026
Arising out of PS. Case No.-197 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
1. Vikas Kumar S/o Mahesh Rai @ Mahesh Kumar Resident of Village-
Terahrasia, P.S.- Gangabridge, District- Vaishali at Hajipur
2. Shivraj Kumar S/o Vinay Rai Resident of Village- Rani Pokhar, P.S.- Sarai,
District- Vaishali at Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in Alamganj P.S. Case No.
197 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Amended Act, 2022.
3. The allegation is that the petitioners were riding the
Scooty from which 200 litres of country made liquor was
recovered.
4. Learned counsel for the petitioners submits that the
recovery has not been made from the conscious possession of
the petitioners. It is further submitted that the Scooty does not
belong to the petitioners. It is also submitted that the petitioners
are in custody since 02.03.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
Patna High Court CR. MISC. No.27960 of 2026(3) dt.13-05-2026
2/2
6. Considering that recovery has not been made from
the conscious possession of the petitioners and the petitioners
are in custody since 02.03.2026, this Court is inclined to grant
bail to the petitioners.
7. Let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs.
10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned
Exclusive Special Judge, Excise, Patna City, Patna in
connection with Alamganj P.S. Case No. 197 of 2026,
subject to the conditions as laid down under Section
483(2) of the Bhartiya Nagarik Suraksha Sanhita.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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