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Patna High Court

Vicky Kumar @ Biki KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
            Patna High Court CR. MISC. No.32673 of 2026(2) dt.13-05-2026
                                                        3/3




                       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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