Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted bail to the petitioners, subject to bond and conditions, finding no sufficient nexus between them and the seized illicit liquor.
Summary
The petitioners, three residents of Khangaon village, sought bail fearing arrest in a case (Chandi PS Case No. 51 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 involving 250 litres of illicit Mahuwa wine recovered from two motorcycles. They contended that the seized vehicles were not owned by them and that they were falsely implicated, especially the second and third petitioners who have no criminal antecedent. The State opposed the bail application. The Court, noting the lack of any direct link between the petitioners and the seized articles, granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., including appearance before the trial court and non‑interference with witnesses. The order directed that bail be released upon surrender or arrest within six weeks, with specific conditions for cancellation.
Issues considered
- Whether the petitioners are entitled to bail in the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the seizure of liquor from motorcycles not owned by the petitioners establishes a sufficient nexus to justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- illegal liquor
- prohibition act
- section 30(a)
- section 482(2)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33997 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- CHANDI District- Bhojpur
======================================================
1. Vikash Kumar son of Mundrika Yadav Resident of Village - Khangaon, Ps-
Chandi, Dist- Bhojpur
2. Dharmendra Kumar son of Late Buttan yadav Resident of Village -
Khangaon, Ps- Chandi, Dist- Bhojpur
3. Mannu yadav son of Bhuali Yadav Resident of Village - Khangaon, Ps-
Chandi, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Adv.
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners are apprehending their arrest in
connection with Chandi P.S. Case No. 51 of 2026 dated
06.04.2026 registered for the offence punishable under Sections
30(a) of the Bihar Prohibition and Excise Amendment Act,
2018.
3. As per prosecution case, the Police have recovered total
250 liters of illicit country-made Mahuwa wine from two bikes
bearing Regd. No. BR03V-1465 (Honda Shine bike) and
BR01DJ-9235 (Passion Pro bike).
Patna High Court CR. MISC. No.33997 of 2026(2) dt.21-05-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
present case. It is next submitted that the recovery has been
made from the motorcycles, none of which are owned by the
petitioners and the seized articles are in no way connected with
the petitioners. It has further been submitted that merely because
of antecedent of the petitioner no.1, all the petitioners have been
falsely implicated in this case while the petitioner nos. 2 & 3
have no criminal antecedent.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and
considering the fact that the seized articles have been recovered
from motorcycles with which the petitioners have no concern,
let the above named petitioners, be released on bail, in the event
of their arrest or surrender before the learned Court below
within a period of six weeks from today, on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No. 1st, Bhojpur at Ara in
connection with Chandi P.S. Case No. 51 of 2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S. as
Patna High Court CR. MISC. No.33997 of 2026(2) dt.21-05-2026
3/3
well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
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