Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Vishal Kumar, was arrested in connection with an excise case where 95.895 litres of illicit liquor were recovered from a vehicle. He contended that he was merely a passenger, had no knowledge of the contraband, and that no incriminating material was found in his possession. The prosecution opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. The court noted the lack of evidence linking the petitioner directly to the liquor and the absence of compliance with Section 103 of the BNSS, 2023. Considering these factors and the period of custody already served, the court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in an excise case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged role as a mere passenger and lack of incriminating material justify bail.
- Impact of the petitioner’s prior criminal antecedent on the bail decision.
- Applicability of Section 103 of the BNSS, 2023 in the bail application.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise offence
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 103 BNSS
- criminal antecedent
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3183 of 2026
Arising Out of PS. Case No.-2025 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Vishal Kumar Son of Vinod Singh Resident of Pratap Nagar, Mehsoul, Ward
No. 27, P.S.- Mehsoul O.P., District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Excise
PS Case No. 2025 of 2025 instituted for the offences under
Section/s 30(a) & 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 95.895 liters
liquor was recovered from car.
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. It is submitted
that name of the petitioner has surfaced in this case as being
Patna High Court CR. MISC. No.3183 of 2026(2) dt.19-01-2026
2/2
passenger of the vehicle in question and he was oblivious of the
fact that illicit liquor was laden in the vehicle. The petitioner is
in custody since 07.12.2025 and has got one criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023.
5. Learned A.P.P. 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.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise PS Case No.
2025 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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