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Patna High Court

Vipin Bhagat @ Bipin BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Vipin Bhagat, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 317.875 litres of liquor recovered from a vehicle. He claimed false implication, stating no liquor was found in his possession and he had no link to the vehicle. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and the petitioner’s custody since 18‑12‑2025. The Court, after considering the facts, the period of custody, and the petitioner’s two prior criminal antecedents, decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions regarding family surety and regular appearance in court.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 30(a)
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4222 of 2026
                    Arising Out of PS. Case No.-482 Year-2025 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Vipin Bhagat @ Bipin Bhagat Son of Madan Bhagat Village -Morsand PS-
                 Minapur (Panapur OP), District- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Minapur

                   P.S. Case No. 482 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 317.875

                   litres of liquor was recovered from car.

                               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. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in

                   question or with the alleged recovery of liquor. The petitioner is
             Patna High Court CR. MISC. No.4222 of 2026(2) dt.28-01-2026
                                                         2/2




                       in custody since 18.12.2025 and has two criminal antecedents.

                       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 Minapur P.S. Case

                       No. 482 of 2025 ,subject to the following conditions:

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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