Patna High Court
Vickky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that bail must be granted as the recovery of illicit liquor was not prima facie linked to the petitioner’s possession and the statutory conditions for bail were satisfied.
Summary
Vickky Kumar was arrested in connection with an excise case alleging illegal manufacture and transport of 69 litres of illicit liquor, the liquor being recovered from a motorcycle registered in his name. The petitioner contended that he did not have conscious possession of the liquor and that his prior criminal antecedents should not automatically preclude bail. The State opposed bail, arguing the seriousness of the offence. The High Court observed that the recovery of liquor was not prima facie linked to the petitioner’s personal possession and that bail could be granted subject to statutory conditions. Accordingly, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, imposing conditions under Section 438(2) of the Cr.P.C., Section 482(2) of the BNSS, and a prohibition on committing similar offences during trial.
Issues considered
- Whether bail should be granted to the accused under Section 438 of the Criminal Procedure Code despite the nature of the offence and his prior criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illegal liquor
- excise offence
- criminal antecedents
- Section 30(a)
- Section 438
- Section 482
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 41148 of 2026
Arising Out of PS. Case No.-513 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Vickky Kumar S/o Savindra Yadav Resident of Village- Chitarkoli, P.S.-
Rajouli, District- Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard the parties.
2. It is submitted that defects as pointed out by the
office qua welfare stamp duty has already been removed.
3. In view of aforesaid submission, defects as
pointed out by the office by ignored for the present.
4. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Nawada Excise P.S.
Case No. 513/2025 registered for the offences punishable under
Section 30 (a) of the Bihar Prohibition and Excise Act.
5. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 69 litres of IMFL/country made liquor.
6. Learned counsel appearing on behalf of the
petitioner submitted that admittedly recovery of illicit liquor was
not made from the conscious possession of this petitioner. It is
Patna High Court CR. MISC. No. 41148 of 2026(2) dt.23-06-2026
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further submitted that petitioner implicated with the present case
as he is the registered owner of the motorcycle, which was
alleged to be used in carrying illicit liquor. It is pointed out that
one of the reason behind implication of petitioner with the
present case is his criminal antecedents as he found involved in 6
more cases where he is on bail in 5 cases. It is further submitted
that merely on the ground of criminal antecedents prayer of bail
of petitioner should not ordinarily be rejected, if merit of this case
appears otherwise in favour of petitioner. In support of his
submission learned counsel relied upon the legal report of Hon’ble
Supreme Court as available through Prabhakar Tewari Vs.
State of Uttar Pradesh and Another, [(2020) 11 SCC 648].
7. Learned APP, opposes the prayer for bail.
8. In view of the aforesaid facts and circumstances
and by taking note of fact as recovery of illicit liquor prima-facie
not appears to be made from the physical possession of this
petitioner, accordingly the petitioner above named, in the event
of his arrest or surrender before the learned trial court within a
period of four weeks, is directed to be released on bail, furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Court, Excise-2, Nawada/concerned trial court
Patna High Court CR. MISC. No. 41148 of 2026(2) dt.23-06-2026
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where the case is pending in connection with Nawada Excise P.S.
Case No. 513/2025 subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS with
further condition:-
(i) That petitioner shall not indulge in the
similar nature of offence till the conclusion of
trial, failing which, the State shall be at liberty to
move before the Trial Court itself for the
cancellation of bail bond of the petitioner, which
shall be decided giving opportunity of hearing to
the petitioner.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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