Patna High Court
Vikash Kumar @ Bhoma @ VikashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Vikash Kumar, was arrested on 23-03-2026 in connection with alleged recovery of 600 litres of liquor from a car and 15 litres from an e‑rickshaw under Sections 30(a) and 32(2) of the Bihar Excise Act. He contended that he was not caught in possession of the liquor, was not the owner of the seized vehicles, and was implicated solely on a confessional statement made by another accused, Rajesh, while in police custody, which he argued lacks evidentiary value. The State opposed the bail application, asserting the seriousness of the excise offences. The Court considered the petitioner’s lack of direct possession, the questionable reliability of the confessional statement, and the length of his custody. It held that the circumstances warranted the grant of bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to an accused in an excise case where the alleged contraband was not recovered from his conscious possession.
- Whether a confessional statement made by a co‑accused in police custody can form the sole basis for arrest and denial of bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 32(2)
Subjects
- bail
- excise law
- confessional statement
- police procedure
- Bihar Excise Act
- Sections 30(a)
- Section 32(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36557 of 2026
Arising Out of PS. Case No.-503 Year-2025 Thana- BEUR District- Patna
======================================================
Vikash Kumar @ Bhoma @ Vikash S/o Dhuri Rai Resident of Village-
Vishunpur Pakri, P.S.- Beur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Prasad Sinha
For the Opposite Party/s : Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a) and 32(2) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases under the Excise Act and
is in custody since 23-3-2026 and allegation is of recovery of
600 litres of liquor from a car and 15 litres of liquor from a e-
rickshaw.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
any of the seized vehicles and he came to be implicated based
Patna High Court CR. MISC. No.36557 of 2026(2) dt.01-07-2026
2/2
on confessional statement of Rajesh in police custody which
does not have any evidentiary value. It is further submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner and taking into consideration the
period of custody, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five
Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Beur P.S. Case No.
503 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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