Patna High Court
Vikash Kumar @ Vikash Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery did not prima facie establish conscious possession, and therefore granted bail to the petitioners.
Summary
The petitioners, Vikash Kumar and Ajay Rai, were named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, with a recovery of 30 litres of liquor. Their counsel argued that the recovery was based on secret information and did not involve the petitioners' conscious physical possession, and highlighted that both petitioners were already on bail in other criminal matters. The State opposed the bail application. The court examined whether the prima facie evidence showed possession sufficient to deny bail. Finding that the recovery did not demonstrate conscious possession, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the BNSS. The bail was granted and the petition disposed.
Issues considered
- Whether the petitioners are entitled to bail despite the recovery of illicit liquor alleged to be linked to them.
- Whether the prima facie evidence establishes conscious physical possession of the illicit liquor by the petitioners.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29146 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- RAXAUL District- East Champaran
======================================================
1. Vikash Kumar @ Vikash Kumar Yadav S/O Pana Lal Rai R/O Village- Bairo
Bhagat Tola Siswa, Ward no. 2, P.S- Raxaul, District- East Champaran,
Motihari.
2. Ajay Rai @ Ajay Kumar Yadav S/O Shriniwash @ Shikhar Rai R/O Village-
Bairo Bhagat Tola Siswa, Ward no. 2, P.S- Raxaul, District- East
Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-05-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Raxaul P.S.
Case No. 70 of 2026 registered for the offences
punishable under Section Section 30(a) of the Bihar
Prohibition and Excise Act, 2022.
3. The allegation against the petitioners is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 30 litres of IMFL/country
made liquor
Patna High Court CR. MISC. No.29146 of 2026(2) dt.11-05-2026
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4. It is submitted by learned counsel appearing
on behalf of the petitioners that both petitioners
implicated with present recovery of illicit liquor on the
basis of secret information. It is submitted that
admittedly the recovery was not made from the
conscious physical possession of these petitioners. While
concluding arguments, it is submitted that petitioner no.
1 found involved in three more criminal cases and
petitioner no. 2 found involved in one more criminal case
where they are on bail.
5 Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as recovery of alleged illicit liquor
prima-facie not appears to be made from the conscious
physical possession of these petitioners, accordingly both
above-named petitioners, in the event of their arrest or
surrender before the court below within a period of four
weeks, are directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with
Patna High Court CR. MISC. No.29146 of 2026(2) dt.11-05-2026
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two sureties of the like amount each to the satisfaction
of the learned Exclusive Spl. Excise Court no. 3 I/C Civil
Court, East Champaran, Motihari /concerned Court,
where the case is pending in connection with Raxaul P.S.
Case No. 70 of 2026, subject to the conditions as laid
down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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