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Patna High Court

Vikash Kumar @ Rajat Kumar @ TeniyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted pre‑arrest bail, directing release upon bond and sureties, subject to verification of the petitioner’s antecedent.

Summary

The petitioner, Vikash Kumar, applied for pre‑arrest bail in a case where 96 litres of illicit country‑made liquor were recovered from an open area in Dhawalpura Math. He claimed he was falsely implicated, had no involvement in the liquor trade, and possessed a clean criminal record. The State opposed the bail, citing the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The court noted the recovery was from an open place, the petitioner’s clean antecedent, and the State’s failure to enforce its liquor policy, and therefore ordered that he be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties. The order also directed the District Court to verify the petitioner’s criminal antecedent and to nullify the bail order if any other case is pending. The bail application was disposed with the grant of bail.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the circumstances of the seizure (open place) and the petitioner’s clean antecedent justify granting bail
  • Whether the State’s alleged failure to implement its liquor policy affects the bail decision

Legislation cited

Subjects

  • pre‑arrest bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • clean antecedent
  • Section 482(2)
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37320 of 2026
                         Arising Out of PS. Case No.-119 Year-2026 Thana- BYPASS District- Patna
                 ======================================================
                 Vikash Kumar @ Rajat Kumar @ Teniya, Age- 26 Years, male, S/o-
                 Ramsagar Kewat, Resident of village- Bahri Dhawalpura Gope Toli, P.S.-
                 Bypass, Dist- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mithilesh Kumar Arya, Advocate
                 For the Opposite Party/s :        Mr. Md. Ataur Rahman, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   01-07-2026                                Heard Mr. Mithilesh Kumar Arya, learned

                   counsel appearing on behalf of the petitioner and Mr. Md. Ataur

                   Rahman, learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Bypass P.S. Case No. 119 of 2026 registered for the

                   offence punishable under Section 30 (a) of the Bihar Prohibition

                   and Excise Act as amended up-to-date.

                                3. Allegation is of recovery of 96 litres of illicit

                   country-made liquor from Dhawalpura Math par.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner has been falsely

                   implicated in the present case. Petitioner has no concern with

                   the alleged seized liquor nor he is involved in trade or
Patna High Court CR. MISC. No.37320 of 2026(2) dt.01-07-2026
                                            2/3




          consumption of illicit liquor in any manner. The recovery was

          made from Dhawalpura Math Par, which is an open place and

          easily accessible to anyone. Petitioner has clean antecedent. On

          these grounds, petitioner seeks to be released on pre-arrest bail.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR and the fact that the recovery of 96 litres of illicit liquor

          was made from Dhawalpura Math, which is an open place and

          easily accessible to any one, petitioner has clean antecedent and

          also the fact that the State has failed to implement its liquor

          policy in its true spirit, the petitioner, above named, is directed

          to be released on pre-arrest bail, in the event of his/her arrest or

          surrender before the learned District Court within a period of

          four weeks from today, 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 District Court where the

          case is pending, in connection with Bypass P.S. Case No. 119 of

          2026, subject to the condition as laid down under Section 482(2)

          of the BNSS.

                       7. The learned District Court is directed to verify
              Patna High Court CR. MISC. No.37320 of 2026(2) dt.01-07-2026
                                                          3/3




                        the criminal antecedent of the petitioner as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.

                                     8. The present bail application is disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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