Patna High Court
Vicky Kumar @ Biki KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and conditions.
Summary
Vicky Kumar was arrested on 8 April 2026 in connection with the seizure of 369 litres of Nepali wine alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He petitioned for bail, claiming he was falsely implicated as the seizure was made from a banana orchard and not from his possession, and that the seizure list was prepared by police officers, violating Sections 103 and 105 of the Bihar Narcotic and Smuggling Act. The prosecution opposed bail, citing two prior criminal antecedents of a similar nature, though noting the petitioner was already on bail for those matters. The court considered the facts, the alleged procedural lapses, and the petitioner’s prior record, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 despite prior criminal antecedents.
- Whether the alleged non‑compliance with Sections 103 and 105 of the Bihar Narcotic and Smuggling Act affects the bail decision.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 103, 105
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- procedural compliance
- prior criminal antecedent
- Section 103
- Section 105
- excise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32673 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- SUPPI District- Sitamarhi
======================================================
Vicky Kumar @ Biki Kumar S/O Sanjiwan Singh Resident of village- Rajpur
Got, Ward No 11, P.S.- Suppi, District Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Dwij Raj, learned counsel for the
petitioner as well as Ms. Suman Kumari Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
08.04.2026 in connection with Suppi P.S. Case No.122 of 2026,
F.I.R. dated 08.04.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 369 of liters of Nepali Karishma
Saufi Wine.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case merely on the basis of suspicion. 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
Patna High Court CR. MISC. No.32673 of 2026(2) dt.13-05-2026
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the petitioner rather the recovery has been made from banana
orchard and the petitioner has no role at all in the present
occurrence. He further submits that seizure list witnesses are
police personnel so, there is non-compliance of Section 103 and
105 of BNSS and the petitioner is in custody since 08.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries two criminal antecedents other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matters.
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, Exclusive Excise Court No.-1, Sitamarhi in connection
with Suppi P.S. Case No.122 of 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
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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.
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)
Suruchi/-
U T
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