Patna High Court
Vikram Das @ Vikram Kumar @ Kangesh Kumar @ Kangesh Kum @ Kangesh DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Vikram Das, was arrested in connection with the recovery of 1,455.48 liters of illicit liquor seized from a pickup van at a poultry farm. The prosecution alleged his involvement under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The petitioner contended that he was innocent, that his name appeared only in the confessional statements of co-accused, and that no incriminating material was found in his possession. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the lack of direct evidence against the petitioner and the period of custody, allowed the regular bail on a bond of Rs. 10,000 with two sureties, directing compliance with the Excise Court.
Issues considered
- Whether regular bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act in the absence of direct incriminating evidence.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Amendment Act
- illicit liquor
- Section 30(a)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33226 of 2026
Arising Out of PS. Case No.-157 Year-2020 Thana- DUMRA District- Sitamarhi
======================================================
Vikram Das @ Vikram Kumar @ Kangesh Kumar @ Kangesh Kum @
Kangesh Das S/O Bijali Das R/O village- Lalpur, P.S.- Gadha @ Garha, Dist.-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar , Advocate
For the Opposite Party/s : Mr. Manoj Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act.
3. As per the prosecution case, 1455.480 liters of
illicit liquor was recovered from pickup van at the poultry farm
of co-accused Pankaj Sharma.
4. Learned counsel for the petitioner submits that he is
innocent and has committed no offence. The name of petitioner
transpired during investigation in the confessional statement of
other co-accused persons. No incriminating material has been
recovered from conscious possession of the petitioner and he is
Patna High Court CR. MISC. No.33226 of 2026(2) dt.15-05-2026
2/2
no way connected with the aforesaid recovery. Petitioner is in
custody since 08.04.2026 .
5. Learned A.P.P. for the State vehemently opposes the
bail application.
6. Considering the aforesaid facts and circumstances
of the case and period of custody, the bail application is allowed.
Let the above named petitioner 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
Excise Court No. 1 Sitamarhi in connection with Dumra PS
Case No. 157 of 2020.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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