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Patna High Court

Vivek Kumar Kushwaha @ VickyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specific conditions.

Summary

Vivek Kumar Kushwaha was arrested on 14 February 2026 in connection with the seizure of 224.280 litres of illicit foreign liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he was falsely implicated, not the owner of the vehicle from which the liquor was seized, and that the seizure was conducted without complying with Sections 103 and 105 of the Bihar Narcotic Substances Act. The prosecution opposed bail, citing a prior similar criminal antecedent, but also noted that the petitioner was already on bail in the same matter. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of the antecedent. The order directed that bail should not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted to the accused despite alleged procedural lapses in seizure and a prior criminal antecedent.
  • Whether the non‑ownership of the vehicle and lack of possession of the seized liquor negate the charge under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • procedural compliance
  • criminal antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28748 of 2026
                        Arising Out of PS. Case No.-39 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Vivek Kumar Kushwaha @ Vicky Son of Rudal Kushwaha Resident of
                 Village - Aghao, P.S- Bankata, District- Dewariya(U.P).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Shweta Anand, Advocate
                 For the Opposite Party/s :         Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-04-2026                        Heard Ms. Shweta Anand, learned counsel for the

                   petitioner and Mr. Narendra Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   14.02.2026 in connection with Sadar Excise P.S. Case No. 39 of

                   2026, F.I.R. dated 13.02.2026 for the offences punishable under

                   Section 30(a), 32(3) of the Bihar Prohibition and Excise Act,

                   2018.

                               3. Recovery is of 224.280 liters of illicit foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. She further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.28748 of 2026(2) dt.28-04-2026
                                            2/3




          been made from vehicle in question and the petitioner is not the

          owner of the vehicle in question. She further submits that

          seizure list witnesses are police personnel and there is non-

          compliance of Section 103 and 105 of BNSS and the petitioner

          is in custody since 14.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries one criminal antecedent other

          than the present one of similar nature but fairly submits on the

          basis of paragraph-3 of the bail application that the petitioner is

          on bail in the said matter.

                       6. Considering the aforesaid facts and circumstances,

          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 Special

          Judge Excise-3, Saran at Chapra in connection with Sadar

          Excise P.S. Case No. 39 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
            Patna High Court CR. MISC. No.28748 of 2026(2) dt.28-04-2026
                                                        3/3




                       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.

                                   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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