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Patna High Court

Vijay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court granted bail because no incriminating article was recovered from the petitioner's conscious possession and he had been detained for an extended period.

Summary

Vijay Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly transporting 100 litres of Mahua liquor. The liquor was recovered from the motorcycle, but no incriminating article was found in the petitioner's conscious possession. The petitioner had been in custody since 5 April 2026 and sought bail. The State opposed the bail, but the court noted the absence of direct evidence against the petitioner and the length of his detention. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, emphasizing that the observations were prima facie and not a determination on the merits.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the circumstances of the case.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • possession
  • criminal procedure
  • Section 30
  • Mahua liquor
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34869 of 2026
                       Arising out of PS. Case No.-127 Year-2026 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Vijay Kumar S/o Brijnandan Yadav R/o Village - Mangrail, P.S.- Tankuppa,
                 District - Gaya

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sudhir Kumar Sinha, Adv.
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   20-05-2026                      Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                              2. The petitioner seeks bail in Wazirganj P.S. Case No.

                   127 of 2026 registered for the offences punishable under Section

                   30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

                               3.     The allegation is that 100 litres Mahua Chuali

                   liquor which was kept in 20 pouches of 5 liters each was

                   recovered from the motorcycle and the petitioner is said to be

                   the rider of the said vehicle.

                                 4. Learned counsel for the petitioner submits that

                   nothing incriminating article was recovered from the conscious

                   possession of the petitioner. He further submits that the

                   petitioner is in custody since 05.04.2026.

                               5. Learned Additional Public Prosecutor for the State
                Patna High Court CR. MISC. No.34869 of 2026(2) dt.20-05-2026
                                            2/2




           has vehemently opposed the prayer for bail of the petitioner.

                     6. Considering that the nothing incriminating article

           was recovered from the conscious possession of the petitioners

           and the petitioners are in custody since 05.04.2026, this Court is

           inclined to grant bail to the petitioners.

                     7. Let the petitioner, above named, be released

           on bail on furnishing bail bonds of Rs. 10,000/- (Ten

           thousand) with two sureties of the like amount each to

           the satisfaction of the learned Exclusive Special

           Excise     Court       No.05,          Gaya     in    connection       with

           Wazirganj P.S. Case No. 127 of 2026.

                      8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of            adjudication of             the    present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                           (Ansul, J)
Vikash/-

U      T


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