Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Vikash Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing four litres of liquor recovered from his hut. He contended that the liquor was not in his conscious possession, the hut was an open place accessible to the public, and he had no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The court noted the lack of incriminating material directly linked to the petitioner, the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and the period of custody already served. Consequently, the court decided to grant bail on the condition of a cash bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the alleged offence.
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4086 of 2026
Arising Out of PS. Case No.-249 Year-2025 Thana- NAYAGAON District- Saran
======================================================
Vikash Kumar S/O Arvind Bhagat @ Arbind Bhagat R/O Village and PO-
Jandaha, District- Vaishali At Present Residing at Kasturichak, PS- Nayagaon,
District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Saurav, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Nayagaon P.S. Case No. 249 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 4 litres of
liquor has been recovered from the hut of the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the hut which is situated in an open place and the same is
Patna High Court CR. MISC. No.4086 of 2026(2) dt.27-01-2026
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accessible to public at large. The petitioner has got no concern
with the alleged recovery of liquor. The petitioner is in custody
since 29.12.2025 and has no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nayagaon P.S. Case
No. 249 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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