Patna High Court
Bipin Kumar @ Vipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner with specified bond and attendance conditions.
Summary
The petitioner, Bipin Kumar, was arrested in connection with the seizure of 2,529 litres of illicit liquor and charged under Sections 338 and 340 of the Bihar Narcotic Substances Act and Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act. He had been in custody since 11 May 2026 and claimed that he was falsely implicated and that no liquor was recovered from his possession. The court examined the bail application, noting the seriousness of the offence but also the petitioner’s claim of innocence and lack of direct possession. The court granted bail on a bond of Rs.10,000 with two sureties and imposed the condition that the petitioner attend the Karja police station on the first and third Sundays of each month, with non‑appearance leading to cancellation. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner accused of offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act in connection with the alleged seizure of illicit liquor.
- Whether the conditions imposed (bond, sureties, periodic police station attendance) are appropriate to ensure the petitioner’s presence and prevent tampering with evidence.
Legislation cited
- Bihar Narcotic Substances Act — s. 338, 340
- Bihar Prohibition and Excise Act — s. 30(a), 41, 47
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- criminal procedure
- surety
- police station attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40580 of 2026
Arising Out of PS. Case No.-126 Year-2026 Thana- KARJA District- Muzaffarpur
======================================================
Bipin Kumar @ Vipin Kumar S/o- Rambalak Sahni Resident of Village-
Akhtiyarpur Marwan PS- Karja District-Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nitu Kumari
For the Opposite Party/s : Mr.Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Karja P.S. Case No. 126 of 2026 registered for the offence under
Sections 338, 340 of the BNS and under Sections 30(a), 41, 47
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
2529 liters of illicit liquor.
4. The petitioner is in custody since 11.05.2026.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that nothing has been recovered from
the possession of the petitioner.
6. Considering the aforesaid facts, this application
Patna High Court CR. MISC. No.40580 of 2026(3) dt.29-06-2026
2/2
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 below in connection with Karja
P.S. Case No. 126 of 2026.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at Karja
Police Station on first and third Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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