Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed, subject to the stipulated conditions.
Summary
Vikash Kumar was arrested in connection with the seizure of 160 litres of illicit country-made liquor, alleged to violate Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He filed a second application for regular bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the custody period and submissions, granted bail on the condition that Kumar deposit Rs. 25,000 with Ramakrishna Math, furnish bail bonds of Rs. 10,000 each with two sureties, and attend the police station every Sunday. The order expressly limited any observations to the bail application and clarified they do not affect the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the Court may impose conditions such as a charitable donation and periodic police‑station attendance as part of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- regular bail
- excise offence
- illicit liquor
- Bihar Prohibition and Excise Act
- bail conditions
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35223 of 2026
Arising Out of PS. Case No.-846 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Vikash Kumar Son of Karu Yadav Resident of Village- Damka, P.S.-
Fatehpur, District- Gaya Ji, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar
For the Opposite Party/s : Mr.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 10-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the 2nd attempt on behalf of the petitioner for
regular bail in connection with Gaya Excise P.S. Case No. 846
of 2025, registered for offences punishable under Sections 30(a)
and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 160 liters of illicit
country made liquor were recovered from the Indica Car. The
petitioner is in custody since 07.08.2025.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand only) to a charitable
Patna High Court CR. MISC. No.35223 of 2026(2) dt.10-07-2026
2/3
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody and the submissions advanced on
behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Gaya Excise P.S.
Case No. 846 of 2025, subject to the following conditions:
(I). The petitioner shall deposit a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand only) with
Ramakrishna Math, Village Jharha (near Matua
Pahar), Halka Chilore, P.O. Gurua, Dist. Gayaji,
Bihar and shall produce a valid receipt thereof before
the court below. The bail bonds shall be accepted only
after verification of the genuineness of the said receipt.
(ii). The petitioner shall mark his
attendance at Fatehpur Police Station on every
Sunday of each month. In the event of default, the bail
bonds shall be liable to be cancelled.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.35223 of 2026(2) dt.10-07-2026
3/3
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.
(Sandeep Kumar, J)
Shishir/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.