Patna High Court
Vikash Kumar @ MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court held that bail must be granted to the petitioner.
Summary
The petitioner, Vikash Kumar, was arrested in connection with an excise case (PS No. 154 of 2026) alleging violations of Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act for the recovery of 378 litres of Nepali liquor. The petitioner contended that he had no possession of the liquor, no incriminating material was found on him, and he had no prior criminal record. The prosecution opposed bail, seeking continued detention. The Court examined the facts, noting the lack of direct evidence against the petitioner and the length of his pre‑trial custody since 19‑02‑2026. Considering these circumstances, the Court granted bail on a bond of Rs. 10,000 with two sureties, emphasizing that the order was prima facie and would not affect the trial’s merits.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act given the facts of the case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(c)
Subjects
- bail
- excise law
- prohibition
- liquor seizure
- pre‑trial detention
- sections 30(a) 32(c)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29956 of 2026
Arising Out of PS. Case No.-154 Year-2026 Thana- EXCISE PUPRI District- Sitamarhi
======================================================
Vikash Kumar @ Mandal Son of Dukha Mandal Resident of Village-
Gaushala Chowk, Bharti Nagar, Ward No. 04, P.S.- Town, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhu Mala Kumari
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Pupri Excise P.S. Case No. 154 of 2026
registered for the offences punishable under Sections 30(a) &
32(c) of the Bihar Prohibition and Excise Act.
3. The prosecution case is that 378 liters of Nepali
Gaurav Soofi liquor was recovered from a three wheeler coming
from Nepal.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
Patna High Court CR. MISC. No.29956 of 2026(2) dt.06-05-2026
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in custody since 19.02.2026 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court-2, Sitamarhi/concerned Court in
connection with Pupri Excise P.S. Case No. 154 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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