Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Vikash Kumar, was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 43.59 litres of IMFL were recovered from his shop and he attempted to flee. He claimed that no incriminating article was found on his person or in his shop and asserted that he was falsely implicated, having no prior criminal record and being in custody since 17 March 2026. The State opposed his bail application. The court considered the allegations in the FIR and the length of his pre‑trial detention, and decided to grant regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of the same amount, to be approved by the Exclusive Special Excise Court, Saran at Chapra. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether regular bail can be granted to the petitioner under section 30(a) of the Bihar Prohibition and Excise Act, 2016 despite the recovery of IMFL and the alleged attempt to escape
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- IMFL seizure
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29241 of 2026
Arising Out of PS. Case No.-232 Year-2026 Thana- BANIAPUR District- Saran
======================================================
Vikash Kumar S/o Arvind Singh @ Arvind Kumar Singh R/o Village -
Amnaur, PS - Baniyapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Baniyapur P.S. Case No.
232 of 2026 registered under section-30(a) of Bihar Prohibition
and Excise Act, 2016.
3. As per the prosecution case, 43.59 litres of I.M.F.L.
was recovered from the shop of the petitioner, who made an
attempt to escape, but was caught.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered either from his
possession or from his shop. He has been falsely implicated in
the case. He is in custody since 17.3.2026 and has no criminal
antecedent.
5.This application for bail is opposed by learned
A.P.P. for the State.
Patna High Court CR. MISC. No.29241 of 2026(2) dt.06-05-2026
2/2
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R. together with the fact that the petitioner has remained
in custody since 17.3.2026, the Court directs the petitioner to be
enlarged on bail in connection with Baniyapur P.S. Case No.
232 of 2026 on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court,
Saran at Chapra.
(Partha Sarthy, J)
A.K.V.//-
U T
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