Created by Fuzzy Cloud

Patna High Court

Vicky KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.