Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to both petitioners, directing them to furnish a bond of Rs.10,000 each with two sureties.
Summary
Vivek Kumar and Vikash Kumar were arrested in connection with the seizure of 211.32 litres of illicit foreign liquor from a Maruti car, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners claimed they were merely the driver and co‑driver, that no liquor was found in their possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. They had been in judicial custody since 28 February 2026 and sought bail, asserting innocence and false implication. The State opposed bail, noting that one petitioner had a prior criminal case. After hearing both sides, the Court found merit in the petitioners' arguments and ordered that they be released on bail upon furnishing a bond of Rs.10,000 each with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS by the police warrants bail.
- Whether the prior criminal antecedent of one petitioner affects the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- procedural lapse
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29851 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- Excise P.S. District- Araria
======================================================
1. Vivek Kumar S/O Shri Jaldhar Yadav Resident of village- Tuniyahi, ward
No.- 01, P.S.- Madhepura Nagar, District- Madhepura
2. Vikash Kumar S/O Shri Bishnudev Yadav R/O Vill.- Rampur Ward no. 13,
P.S.- Saur Bazar, Dist.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghaw Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Araria Excise P.S. Case No. 80 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from a
Maruti car, altogether 211.32 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that the petitioners are driver and co-driver
Patna High Court CR. MISC. No.29851 of 2026(2) dt.07-05-2026
2/2
of the said car. He also submits that nothing has been recovered
from the possession of the petitioners. The witnesses of the seizure
list are police personnel and the police has not complied with
Section 105 of the BNSS while making the seizure. Moreover, the
petitioners are languishing in judicial custody since 28.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that petitioner no. 1 has got no criminal
antecedent whereas petitioner no. 2 has criminal antecedent of one
case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
District & Additional Sessions Judge-cum-Exclusive Special
Judge, Excise-II, Araria in connection with Araria Excise P.S. Case
No. 80 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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