Patna High Court
Vivek Kumar Kushwaha @ VickyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 103, 105
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
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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
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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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