Patna High Court
Vikash Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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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