Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Vicky Kumar was arrested on 27 February 2026 in connection with a case involving the alleged illegal possession of 2,550.125 litres of spirit and foreign liquor, alleged under Sections 30(a), 32, 33, 34, 36 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022. The seizure was made from a vehicle, not from the petitioner's conscious possession, and the petitioner argued that the investigation violated Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed bail, noting that the petitioner had another pending case, though he was already on bail in that matter. The High Court considered the lack of direct possession, the alleged procedural lapses, and the petitioner's criminal antecedent, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions. The order directed the petitioner to cooperate with the trial, appear in court as required, and warned that tampering with evidence or concealment of antecedents would lead to cancellation of bail.
Issues considered
- Whether bail should be granted in a case involving large-scale illegal liquor seizure under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the absence of conscious possession and alleged non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023, warrants bail.
- Whether the existence of another pending case affects the grant of bail in the present matter.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32, 33, 34, 36, 41
Subjects
- bail
- prohibition law
- excise
- illegal liquor seizure
- conscious possession
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32763 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- SARAI District- Vaishali
======================================================
Vicky Kumar S/o Arun Rai R/o Village- Rahsa (Pachhiari), P.S.- Bhagwanpur,
District- Vaishali at Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Sudha, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Ms.Sudha, learned counsel for the petitioner
and Mr.Chandra Sen Prasad Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
27.02.2026 in connection with Sarai P.S. Case No. 56 of 2026,
F.I.R. dated 26.02.2026 registered for the offence punishable
under Sections 30(a), 32, 33, 34, 36, 41 of the Bihar Prohibition
and Excise (Amendment) Act, 2022.
3. Recovery is of 2550.125 liters of spirit and country
made foreign liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from vehicle in
question and it appears from the seizure list that the seizure list
Patna High Court CR. MISC. No.32763 of 2026(2) dt.13-05-2026
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witnesses are police personnel so there is non-complaince of
Sections 103 and 105 of B.N.S.S., 2023 and the petitioner is in
custody since 27.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one but he fairly submits
that the petitioner is on bail in the said case, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact, 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 learned Exclusive Special Prohibition
and Excise Court No. 02-Cum-District and Additional Sessions
Judge, Hajipur, Vaishali in connection with Sarai P.S. Case No.
56 of 2026,with 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/her absence on two consecutive dates without sufficient
reason, his/her 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
Patna High Court CR. MISC. No.32763 of 2026(2) dt.13-05-2026
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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)
Nitesh/-
U T
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