Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Vijay Kumar, was arrested on 25 March 2026 in connection with the seizure of 504.975 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming a clean antecedent and that the liquor was not found in his conscious possession, and alleging procedural violations of Sections 103 and 105 of the Bihar Narcotic Substances Act by the investigating police. The Additional Public Prosecutor opposed the bail. The Court examined the facts, noted the alleged procedural lapses, and considered the petitioner’s claim of false implication. It granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The order also empowered the prosecution to move for cancellation of bail if conditions are breached.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged procedural non‑compliance under Sections 103 and 105 of the BNSS.
- Whether the seizure of liquor not found in the petitioner's conscious possession affects the bail application.
- Whether the petitioner’s claim of a clean antecedent and false implication warrants grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30
- procedural lapse
- criminal antecedent
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32222 of 2026
Arising Out of PS. Case No.-124 Year-2026 Thana- Excise P.S. District- Darbhanga
======================================================
Vijay Kumar S/o Santosh Sah R/O village - Ekbhinda, ward no 1 , P.S - Sadar,
District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Mr. Nawal Kishor Prasad, learned counsel for
the petitioner and Mr. Arun Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.03.2026 in connection with Sadar Excise P.S. Case No.
124/2026, F.I.R. dated 25.03.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 504.975 liters of illicit foreign liquor
from place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner. The
Patna High Court CR. MISC. No.32222 of 2026(2) dt.08-05-2026
2/3
seizure list witnesses are police personnel and there is non-
compliance of Sections 103 and 105 of the BNSS. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
25.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge-1 (Excise Act), Darbhanga in connection with Sadar
Excise P.S. Case No. 124/2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
Patna High Court CR. MISC. No.32222 of 2026(2) dt.08-05-2026
3/3
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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