Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail, finding that the procedural violations and lack of direct possession warranted release on bail.
Summary
The petitioner, Vicky Kumar, was arrested in connection with a special excise case alleging recovery of 230 litres of country-made liquor from an open field near a bamboo orchard. He contended that he was falsely implicated, that the seizure was not made from his possession or house, and that there was no independent witness to the seizure list. The petitioner had no prior criminal record and had been in custody since March 1, 2026, while the charge‑sheet had already been filed. The State opposed his application for anticipatory bail, arguing the seriousness of the offence. The Court, noting violations of mandatory search‑and‑seizure provisions and the lack of direct possession, ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, thereby granting the bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a special excise case under section 30(a) of the Bihar Prohibition and Excise Act
- Whether the seizure and recovery complied with mandatory search and seizure provisions
- Whether the petitioner’s alleged lack of possession and false implication justify bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- bail
- excise law
- search and seizure
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36145 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- DULHIN BAZAR District- Patna
======================================================
Vicky Kumar S/o Nandkumar Prasad @ Nand Kumar R/o Village - Sarkuna,
P.S. - Dulhin Bazar, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State, through virtual mode.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Special Excise Case No.411 of
2026, arising out of Bulhin Bazar P.S. Case no.85 of 2026
registered under section 30(a) of the Bihar Prohibition and
Excise Act.
3. Recovery of 230 liters of country made liquor near
a bamboo orchard.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. There was no
independent witness to the seizure list and no recovery has been
made from the conscious possession of the petitioner or from his
house and also the petitioner is not the owner of the field. The
field is an open space which is accessible to everyone. The
Patna High Court CR. MISC. No.36145 of 2026(2) dt.09-06-2026
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petitioner has no criminal antecedent and he is in custody since
01.03.2026. He undertakes to cooperate in the case/trial and
charge-sheet has been submitted.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering violation of
mandatory provisions of search and seizure and charge-sheet
has been submitted, the petitioner is directed to be enlarged on
bail in connection with Special Excise Case No.411 of 2026,
arising out of Bulhin Bazar P.S. Case no.85 of 2026 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court concerned where the case is
pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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