Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner.
Summary
Vikram Kumar was arrested in connection with the seizure of 300 litres of illicit beer and 22.5 litres of foreign liquor from his joint family house, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that the contraband was recovered from a joint family property, that there was no independent witness to the search violating Sections 103 and 105 of the B.N.S.S., and that he had a clean antecedent. The State opposed bail. Considering the joint family ownership of the premises, the lack of personal culpability, procedural irregularities, and the petitioner’s clean record, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner can be held liable for possession of illicit liquor recovered from a joint family property.
- Whether non‑compliance with Sections 103 and 105 of the B.N.S.S. warrants denial of bail.
- Whether bail should be granted given the petitioner’s clean antecedent and the circumstances of the seizure.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103, 105
Subjects
- bail
- prohibition
- excise
- joint family property
- procedural lapse
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37216 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- Fakuli District- Muzaffarpur
======================================================
Vikram Kumar Son of Suresh Ram Resident of Village- Rajla, P.S.- Fakuli,
District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the State : Mr. Yogendra Kumar Singh, 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.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. There is recovery of 300 liters of illicit beer and
22.500 liters of illicit foreign liquor from the house of the
petitioner.
4. Learned counsel for the petitioner submits that
the recovery has been made from a house which is a joint
family property, as such, no liability can be fixed specifically
on the petitioner. There is total non-compliance of Sections 103
and 105 of the B.N.S.S. as there is no independent witness of
the search and seizure. Further, the petitioner is a person of
clean antecedent and is in custody since 02.05.2026.
Patna High Court CR. MISC. No.37216 of 2026(2) dt.09-06-2026
2/2
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
recovery has been made from a joint family property and the
petitioner has no criminal antecedent, let the above named
petitioner, be released on bail 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 Exclusive Special
Judge Excise-II, Muzaffarpur/concerned Court below in
connection with Fakuli P.S. Case No. 30 of 2026.
(Soni Shrivastava, J)
priyanka/-
U T
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