Patna High Court
Vikash Kumar @ Rajat Kumar @ TeniyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Sale and Settlement Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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/-
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