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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