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Patna High Court

Vikash Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the seizure was not from the accused’s direct possession and the petitioner was willing to comply with the court’s conditions, despite his prior antecedents.

Summary

Vikash Kumar Jha was arrested on 1 April 2026 in connection with the seizure of 36 litres of illicit liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023. The petitioner contended that the liquor was recovered from the tempo, not from his personal possession, and that he was not the owner of the vehicle, asserting that he was implicated solely on suspicion and his prior similar offences. The prosecution opposed bail, emphasizing that the recovery was made from the tempo, the petitioner was apprehended at the scene, and he has four prior similar convictions, albeit on bail in those matters. The court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of his criminal antecedents. The order directed that bail should not be delayed for verification purposes and that any breach of conditions could lead to cancellation.

Issues considered

  • Whether bail should be granted in an illicit liquor case where the seized contraband was not found in the accused's direct possession.
  • Whether the petitioner’s prior criminal antecedents of a similar nature preclude the grant of bail.
  • Whether the fact that the recovery was made from the tempo, not from the accused’s conscious possession, influences the bail decision.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • excise
  • criminal antecedents
  • possession
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37459 of 2026
                       Arising Out of PS. Case No.-37 Year-2026 Thana- RS P.S. District- Madhubani
                 ======================================================
                 Vikash Kumar Jha S/o Govind Kumar Jha @ Govind Jha @ Govind Kumar
                 R/o Village - Behat, P.S. - Jhanjharpur, District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vinod Kumar, Advocate
                 For the Opposite Party/s :        Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                     Heard Mr. Vinod Kumar, learned counsel for the

                   petitioner and Mr. Bhanu Pratap Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   01.04.2026 in connection with RS P.S. (Jhanjharpur) Case No.

                   37 of 2026, F.I.R. dated 01.04.2026 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act and

                   Sections 274 and 275 of the BNS, 2023.

                               3. Recovery is of 36 liters of illicit liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.37459 of 2026(2) dt.17-06-2026
                                            2/3




          been made from the tempo in question and petitioner is not the

          owner of the said tempo. He further submits that the petitioner

          has no concern at all from the recovery of the illicit liquor and

          he has been made accused in the present case merely on the

          basis of suspicion as well as his previous criminal antecedents

          of similar nature. The petitioner is in custody since 01.04.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the recovery has been made from the tempo in

          question and petitioner was apprehended from the place of

          occurrence. Apart from that the petitioner carries four criminal

          antecedents of similar nature other than the present one but

          fairly submits that he is on bail in all the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          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 the learned Exclusive

          Special Judge Excise, Jhanjharpur, Madhubani in connection

          with RS P.S. (Jhanjharpur) Case No. 37 of 2026 subject to 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
            Patna High Court CR. MISC. No.37459 of 2026(2) dt.17-06-2026
                                                        3/3




                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his 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)
Vanisha/-

U      T


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