Patna High Court
Vicky Kumar @ Bikki KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to specified conditions.
Summary
Vicky Kumar was arrested on 20‑04‑2026 in connection with a 2024 case involving the alleged illegal possession of 195 litres of Nepali liquor, alleged offences under Section 317(5) of the Bihar Narcotic Substances (B.N.S.) Act and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. The petitioner claimed he was falsely implicated, that the seized liquor was not in his conscious possession and that the investigating agency had not complied with Sections 103 and 105 of the B.N.S. Act, 2023. The State opposed bail, noting that the petitioner had five other pending cases, though he was already on bail in those matters. The Court examined the bail petition, the nature of the offences, and the lack of direct possession, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed the petitioner to comply with the conditions and allowed the bail bond to be accepted without delay for verification purposes.
Issues considered
- Whether bail should be granted in a case involving alleged offences under Section 317(5) of the B.N.S. Act and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
- Whether the alleged non‑compliance of Sections 103 and 105 of the B.N.S. Act, 2023, warrants denial of bail.
- Whether the petitioner’s other pending criminal cases affect the grant of bail in the present matter.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105, 317(5)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(1)
Subjects
- bail
- narcotic law
- prohibition and excise
- seizure of liquor
- false implication
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37277 of 2026
Arising Out of PS. Case No.-418 Year-2024 Thana- GHORASAHAN District- East
Champaran
======================================================
Vicky Kumar @ Bikki Kumar son of Mohan Raut @ Mohan Sah Resident of
village -Amwa Ps -Ghorasahan District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjwal Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-06-2026 Heard Mr. Ujjwal Kumar Singh, learned counsel for
the petitioner and Mr. Shyam Bihari Singh, the learned A.P.P.
for the State.
2. The petitioner seeks bail, who is in custody since
20.04.2026 in connection with Ghorasahan P.S. Case No. 418
of 2024, F.I.R. dated 25.10.2024 registered for the offence
punishable under Section 317(5) of the B.N.S. and Section
30(a), 41(1) of Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 195 liters of Nepali liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case merely on the basis of suspicion. Further submits
that it appears from the FIR as well as the seizure list that
Patna High Court CR. MISC. No.37277 of 2026(2) dt.16-06-2026
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nothing has been recovered from conscious possession of the
petitioner and petitioner was not apprehended at the place of
occurrence. As per allegation in the FIR, the petitioner and other
co-accused persons have fled away from the place of
occurrence. Learned counsel for the petitioner submits that there
is non-compliance of Sections 103 and 105 of the B.N.S.S, 2023
and the petitioner is in custody since 20.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
five more cases other than the present one but he fairly submits
that the petitioner is on bail in all the cases, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Court No.-3, I/C East Champaran at Motihari in connection with
Ghorasahan P.S. Case No. 418 of 2024, with the following
conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
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on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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