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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petitioner's application for regular bail, subject to specified conditions.

Summary

Vikash Kumar was arrested for possession of 35 litres of illicit country-made liquor and charged under Sections 317(2) and 317(5) of the B.N.S. and Sections 30(a), 30(c), 34, 36 and 47 of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming innocence, a clean antecedent and having been in custody since 13‑02‑2026. The State opposed the bail. The High Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with Ramkrishna Mission, and verify his clean antecedent. Additional conditions included attendance at Sonepur Police Station on any two Sundays each month, with non‑compliance leading to cancellation of bail. The order was issued by Justice Sandeep Kumar.

Issues considered

  • Whether regular bail should be granted to the accused in a case involving illicit liquor under the Bihar Prohibition and Excise Act and B.N.S.
  • Whether the conditions imposed by the court are appropriate and sufficient to ensure the accused's appearance.

Legislation cited

Subjects

  • regular bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • B.N.S.
  • criminal procedure
  • bail conditions
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29135 of 2026
                      Arising Out of PS. Case No.-128 Year-2026 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Vikash Kumar S/O Rajesh Bhagat R/O Village - Govindchak, P.S- Sonepur,
                 District -Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aashish Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-05-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks regular bail in the present case

                   registered for the offences punishable under Sections 317(2),

                   317(5) of B.N.S. and Sections 30(a), 30(c), 34, 36 and 47 of the

                   Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, the recovery is of 35

                   liters of illicit country made liquor from the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that petitioner has

                   clean antecedent and he is in custody since 13.02.2026. The

                   petitioner undertakes to co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.29135 of 2026(2) dt.07-05-2026
                                            2/3




          for regular bail of the petitioner.

                        6. Considering the facts and circumstances of the

          case, this application for regular bail is allowed.

                        7. Accordingly, let the petitioner, 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 1st Special Judge, Excise, Saran at

          Chapra/concerned Court below in connection with Dariyapur

          P.S. Case No. 128 of 2026.

                        8. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                        9. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs.25,000/- in Ramkrishna

          Mission Ashrama, Latu Maharaj Path, Opp. Circuit House,

          Chapra and produce the receipt of the same before the Court

          below. The bail bonds of the petitioner shall be accepted after

          verifying the genuineness of the receipt produced by the

          petitioner.

                        10. As a condition of this order, the petitioner after
              Patna High Court CR. MISC. No.29135 of 2026(2) dt.07-05-2026
                                                          3/3




                        being released on bail, is directed to mark his attendance at

                        Sonepur Police Station, District- Saran on any two Sundays of

                        the month. Any default in appearance at the Police Station will

                        result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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