Patna High Court
Vikash Kumar @ Vikash Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties of the same amount.
Summary
Vikash Kumar was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 24 litres of country‑made liquor from outside his premises. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that he had been in custody since 12 April 2026. The State, represented by the Additional Public Prosecutor, opposed the bail application. The Court, after considering the facts, the period of custody already served, and the lack of direct evidence linking the petitioner to the liquor, decided to grant bail. The bail was conditioned on a bond of Rs.10,000 and two sureties of the same amount, to be approved by the Special Excise Judge, with the order expressly limited to the bail application and not affecting the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the case, including the absence of incriminating material in the accused's possession and the period of custody, justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- criminal procedure
- Section 30
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30052 of 2026
Arising Out of PS. Case No.-214 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
Vikash Kumar @ Vikash Kumar Chaudhary Son of Baiju Chaudhari @ Baiju
Chaudhary Resident of village- Sengar (Saingar) Tola (Ajamerzganj), Ps-
Rivilganj, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
======================================================
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 seeks bail in connection with
Rivilganj P.S. Case No. 214 of 2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case is that 24 liters of country
made liquor was recovered from outside the premises of the
petitioner.
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
Patna High Court CR. MISC. No.30052 of 2026(2) dt.06-05-2026
2/2
no concern with the alleged recovery of liquor. The petitioner is
in custody since 12.04.2026.
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 2 nd
Exclusive Special Excise Judge, Saran at Champa/concerned
Court in connection with Rivilganj P.S. Case No. 214 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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