Patna High Court
Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a Rs.10,000 bond, two sureties, and conditions of regular police‑station attendance and antecedent verification.
Summary
Vinay Kumar was arrested in connection with the recovery of 129.020 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He had been in custody since 21 April 2026 and claimed innocence and a clean criminal record. The petitioner’s counsel argued that he was falsely implicated and had no antecedents. The High Court considered the quantum of liquor recovered and the petitioner’s claim of innocence, and ordered bail on a bond of Rs.10,000 with two sureties, subject to monthly police‑station attendance and verification of his antecedents. The bail order was conditioned that any default would lead to cancellation of the bond.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 considering the quantity of illicit liquor recovered and the petitioner’s claim of innocence.
Legislation cited
Subjects
- bail
- illicit liquor
- prohibition law
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act, 2022
- criminal procedure
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40493 of 2026
Arising Out of PS. Case No.-195 Year-2026 Thana- GOPALPUR District- Patna
======================================================
Vinay Kumar S/o- Late Rajendra Ram Village- Hajipur PS-Nagarnausa Distt-
Nalanda, Presently in a rented house at Transport Nagar Maurya Bihar
Colony Ps- Agam Kuan Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Narain Sinha
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Gopalpur P.S. Case No. 195 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. As per the prosecution case, the recovery is of
129.020 liters of illicit liquor.
4. The petitioner is in custody since 21.04.2026.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that the petitioner has no criminal
antecedent.
Patna High Court CR. MISC. No.40493 of 2026(2) dt.23-06-2026
2/2
6. Considering the quantum of recovery of illicit
liquor, this application is allowed.
7. 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 concerned Court in connection with Gopalpur P.S.
Case No. 195 of 2026.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Agamkuan Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
9. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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