Vicky Kumar @ Bikki KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37626 of 2026
                     Arising Out of PS. Case No.-153 Year-2026 Thana- GHORASAHAN District- East
                                                       Champaran
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                 Vicky Kumar @ Bikki Kumar S/o Mohan Raut Resident of Village - Amwa,
                 P.S. - Ghorahasan, Dist. - 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. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                        Heard Mr. Ujjwal Kumar Singh, learned counsel

                   for the petitioner and Mr. Abhay Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   05.04.2026 in connection with Ghorasahan P.S. Case No. 153 of

                   2026, F.I.R. dated 04.04.2026 for the offences punishable under

                   Section 317(5) of Bharatiya Nyay Sanhita, 2023 and Section

                   30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 239.40 liters of Nepali 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 the allegation as alleged in

                   the F.I.R. is false and fabricated and the petitioner has not
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          committed any offences as alleged in the F.I.R. He next submits

          that seizure list witnesses are police personnels so there is non-

          compliance of Section 103 of BNSS. He next submits that the

          seizure list was prepared on 04.04.2026 at 22.50 P.M but the

          FIR was instituted on 04.04.2026 at 23.30 P.M which shows that

          seizure list was prepared prior to the institution of the FIR. The

          petitioner is in custody since 05.04.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries five criminal antecedents other

          than the present one of similar nature but fairly submits on the

          basis of paragraph-3 of the bail application that the petitioner is

          on bail in the said 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 Excise Court No-03, I/C East Champaran, Motihari in

          connection with Ghorasahan P.S. Case No. 153 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
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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)
Suruchi/-

U      T