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Patna High Court

Vijay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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