Patna High Court
Vikash @ Vinit Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Vikash @ Vinit Kumar Rai was arrested on 24 March 2026 in connection with a case under Sections 30(a) and 3241 of the Bihar Prohibition & Excise Act, wherein 470.4 litres of illicit foreign liquor were seized, including 48.24 litres from the vehicle in which the petitioner was apprehended. The petitioner pleaded that he had no conscious possession of the liquor and alleged that the police had planted the evidence, further contending that the seizure was recorded by police personnel in violation of Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed the bail application, arguing the seriousness of the offences. The Court examined the factual matrix, noted the absence of any recovery from the petitioner's conscious possession and the procedural non‑compliance, and consequently decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties and several compliance conditions, including cooperation with the trial and no tampering with evidence. The order directed that the bail bond not be delayed for verification of the petitioner's antecedents.
Issues considered
- Whether bail should be granted when the alleged offence involves illicit liquor and the petitioner claims lack of conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail.
- Whether the procedural requirements under the Bihar Prohibition & Excise Act, Sections 30(a) and 3241, have been satisfied for continued detention.
Subjects
- bail
- illicit liquor
- Bihar Prohibition & Excise Act
- BNSS 2023
- conscious possession
- procedural lapse
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28788 of 2026
Arising Out of PS. Case No.-156 Year-2026 Thana- DORIGANJ District- Saran
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Vikash @ Vinit Kumar Rai S/o Ramashankar Rai @ Ram Shankar Ray R/o
Village - Lal Pokhar, Dighi Kala West, PS - Sadar, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Krishna Nishant, Advocate
For the State : Mr. Braj Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Gopal Krishna Nishant, learned counsel
for the petitioner and Mr. Braj Kishore Prasad, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
24.03.2026, in connection with Doriganj P.S. Case No. 156 of
2026, F.I.R. dated 23.03.2026 registered for the offences
punishable under Sections 30(a) and 3241 of the Bihar
Prohibition & Excise Act.
3. Recovery is of 470.4 litres of illicit foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He 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
Patna High Court CR. MISC. No.28788 of 2026(2) dt.28-04-2026
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and altogether 470.4 lires of illicit foreign liquor was recovered
from three vehicles in question and from the vehicle in question
in which the petitioner was apprehended, 48.24 litres of illicit
foreign liquor was recovered. He further submits that in fact
nothing has been recovered from the conscious possession of
the petitioner rather the police has planted the same and shown
the recovery has been made from the vehicle in question. He
further submits that it appears from the F.I.R. as well as seizure
list that the seizure list witnesses are police personnel so there
is non-compliance of Sections 103 and 105 of BNSS, 2023 and
the petitioner is in custody since 24.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned 3 rd Exclusive Special
Excise Judge, Saran in connection with Doriganj P.S. Case No.
Patna High Court CR. MISC. No.28788 of 2026(2) dt.28-04-2026
3/3
156 of 2026, subject to the following conditions :-
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
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