Patna High Court
Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Vikas Kumar, was arrested in connection with a case alleging that 564 litres of illicit foreign liquor were seized from a tractor. He claimed to be merely the driver and asserted that he had no knowledge of the liquor and no criminal antecedent. The prosecution argued that the liquor was recovered from the tractor, while the petitioner contended that the police failed to comply with Section 105 of the BNSS during the seizure and that nothing was found in his personal possession. The court examined the facts, the alleged procedural lapse in seizure, and the petitioner’s lack of prior record. Considering these circumstances, the court granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the relevant Excise Court.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition & Excise Act, Section 30(a).
- Whether the seizure of the liquor complied with Section 105 of the BNSS, affecting the bail decision.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- seizure procedure
- Section 105
- driver
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30823 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- AMBA District- Aurangabad
======================================================
Vikas Kumar Son of Ram Pravesh Singh Resident Of Village- Banke, Ps
-Akorhi Gola, Dist -Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Adv.
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Amba P.S. Case No. 17 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. The case of the prosecution, in short, is that from a
tractor, altogether 564 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that petitioner is the driver of the said
tractor and he was unaware of the said liquor kept in the tractor.
Patna High Court CR. MISC. No.30823 of 2026(2) dt.07-05-2026
2/2
Nothing has been recovered from the possession of the
petitioner. 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, a statement has been made
in para 3 of the petition that petitioner has no criminal
antecedent and he is languishing in judicial custody since
08.02.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned District
& Additional Sessions Judge-cum-Special Exclusive Judge,
Excise Court-I, Aurangabad in connection with Amba P.S. Case
No. 17 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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