Patna High Court
Vikram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Vikram Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 145 litres of illicit country-made liquor were recovered from a tempo. The petitioner contended that he was falsely implicated, that no contraband was found in his possession, and that he had no link to the vehicle or the liquor. He also highlighted his lack of prior criminal record and the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, after considering the circumstances and the short period of custody, decided to grant bail. The bail was conditioned on a bond of Rs. 15,000 and 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.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4234 of 2026
Arising Out of PS. Case No.-734 Year-2025 Thana- HISUWA District- Nawada
======================================================
Vikram Kumar Son of Mahesh Paswan R/o Vill. - Keula, P.S. - Wazirganj,
Dist. - Gayaji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, 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 Hisua
P.S. Case No. 734 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 145 litres
of illicit country-made liquor was recovered from tempo.
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.4234 of 2026(2) dt.27-01-2026
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in custody since 01.01.2026 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 Hisua P.S. Case No.
734 of 2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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