Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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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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