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Patna High Court

Vivek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to all four petitioners subject to a bond and sureties.

Summary

The petitioners, four individuals from Vaishali district, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that they were falsely implicated and that no incriminating liquor was recovered from their possession. The prosecution alleged that 37.44 litres of liquor were recovered in connection with the case. The petitioners had been in custody since May 4, 2026, and pledged to cooperate with the investigation. The State opposed the bail application. After hearing both sides, the court considered the allegations and the period of custody and ordered that each petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to satisfaction of the 3rd Exclusive Special Excise Court, Saran at Chapra.

Issues considered

  • Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the circumstances of alleged false implication and custody.

Legislation cited

Subjects

  • bail
  • regular bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • false implication
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35774 of 2026
                    Arising Out of PS. Case No.-98 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
                 ======================================================
           1.     Vivek Kumar Son of Late Devendra Ray Resident of Mohalla- Jadhua, Ps-
                  Hajipur Town, Dist- Vaishali
           2.    Vishal Kumar son of Ram Nath Ray Resident of Mohalla- Jadhua, Ps-
                 Hajipur Town, Dist- Vaishali
           3.    Vinay Kumar Son of Late Arjun Ray Resident of Mohalla- Jadhua, Ps-
                 Hajipur Town, Dist- Vaishali
           4.    Mukesh Kumar Gupta @ Mukes Kumar Son of Late jawahar Lal Resident
                 of Mohalla- Saidpur Kutubpur, Ps- Bidupur, Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :        Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   04-06-2026                  Heard learned counsel for the parties.

                                2. The petitioners have preferred this application for

                   grant of regular bail in connection with Chapra Rail P.S. Case

                   no. 98 of 2026 registered under section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, 37.44 litres of liquor is

                   said to have been recovered from the possession of the four

                   petitioners.

                                4. Learned counsel for the petitioners submits that the

                   petitioners have been falsely implicated in the case because of their
           Patna High Court CR. MISC. No.35774 of 2026(2) dt.04-06-2026
                                                       2/2




                     antecedents. No incriminating article has been recovered from their

                     possession. They are in custody since 4.5.2026 and undertake to

                     cooperate in the investigation/trial.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegation against the petitioners in

                     the FIR together with the petitioners having remained in custody

                     since 4.5.2026, all the four petitioners are directed to be enlarged on

                     bail in connection with Chapra Rail P.S. Case no. 98 of 2026 on

                     each of them furnishing bail bond of Rs.10,000/- (Rupees Ten

                     Thousand) with two sureties of the like amount each                 to

                     satisfaction of the learned 3rd Exclusive Special Excise Court,

                     Saran at Chapra.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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