Patna High Court
Vikesh Kumar @ Vikesh Kumar Singh @ Bikesh Kumar @ Bikesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Vikesh Kumar, was arrested in connection with the recovery of 319.68 liters of illicit liquor from a brick kiln, alleged under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act. The prosecution argued that the liquor was seized from an open place, but no incriminating material was found in the petitioner's possession. The petitioner contended that he had a clean antecedent and was not linked to the recovery. The State opposed the bail application, citing the seriousness of the offence. Considering the nature of the accusation, the petitioner’s clean record, and the period of custody, the court allowed regular bail on a bond of Rs. 10,000 with two sureties, directing release to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether regular bail should be granted to the accused under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act given the facts of the case
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 37
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28237 of 2026
Arising Out of PS. Case No.-512 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Vikesh Kumar @ Vikesh Kumar Singh @ Bikesh Kumar @ Bikesh Kumar
Singh S/o- Vinay Kumar Singh @ Vinay Kumar @ Binay Kumar R/v-
Dandipati Udawantnagar Ps- Udawantnagar Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Udawantnagar P. S. Case No. 512 of 2024 registered for the
offences punishable under Sections 30(a), 37 of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 319.68 liter illicit liquor
was recovered from the brick kiln.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner and he is no way connected with the
aforesaid recovery. Recovery has been made from an open
place, accessible to one and all. Petitioner claims clean
Patna High Court CR. MISC. No.28237 of 2026(2) dt.13-05-2026
2/2
antecedent and is in custody since 24.03.2026.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to 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 No. II, Bhojpur in
connection with Udawantnagar P. S. Case No. 512 of 2024.
(Prabhat Kumar Singh, J)
Navya/-
U T
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