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Patna High Court

Vikash Kumar @ Bhoma @ VikashversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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