Patna High Court
Vikas kumar Singh @ Vikash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Vikas Kumar Singh, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 468 litres of Nepali liquor seized from his Scorpio vehicle. The petitioner contended that the vehicle was lent to Mithilesh Kumar Yadav, who misused it, and that the liquor was not in his possession. He also argued that the police seizure violated Section 105 of the BNSS and highlighted his clean criminal record and that he had been in judicial custody since 23 March 2026. The State opposed the bail application. After hearing both sides, the Court found the petitioner's explanations credible and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor was lawful, given the alleged non‑compliance with Section 105 of the BNSS.
- Whether the petitioner’s lack of direct possession and clean antecedents justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- seizure
- Section 105
- vehicle ownership
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31608 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
Vikas kumar Singh @ Vikash Kumar Singh Son of Ramayan Singh Resident
of village- Dharmpari PS -Baikunthpur District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bhairavsthaan P.S. Case No.77 of 2025 registered for the
offence punishable under Sections 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from a
Scorpio vehicle, 468 liters of nepali country made liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. It has further been submitted
that the petitioner is the owner of the said Scorpio vehicle.
Learned counsel for the petitioner has submitted that the
Patna High Court CR. MISC. No.31608 of 2026(2) dt.13-05-2026
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petitioner has given his vehicle to one Mithilesh Kumar Yadav
who has misused it. It has further been submitted that the
witnesses of the seizure list are police personnel and police have
not complied Section 105 of the BNSS while making seizure. It
has further been submitted that the petitioner is having no
criminal antecedent and he is in judicial custody since
23.03.2026.
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 court of learned
Special Judge, Excise Act, Jhanjharpur, Madhubani, in
connection with Bhairavsthaan P.S. Case No.77 of 2025.
(Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-
U T
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