Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petitioner is entitled to regular bail.
Summary
Vicky Kumar was arrested in connection with the recovery of 126 litres of illicit country-made liquor from a scooty, and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner contended that he neither owned nor was driving the scooty, that the liquor was not in his conscious possession, and that he has a clean antecedent. The State opposed regular bail, relying on the FIR and seizure list. The Court noted the absence of an independent witness to the seizure, the petitioner’s clean record, and the lack of direct possession, and was persuaded by the petitioner's arguments. Consequently, the Court granted regular bail on the condition of a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged recovery of illicit liquor under the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the lack of independent witnesses to the seizure and the petitioner’s clean antecedent justify granting bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(3)
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Section 32(3)
- Bihar Prohibition and Excise Amendment Act
- clean antecedent
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42559 of 2026
Arising Out of PS. Case No.-502 Year-2026 Thana- EXCISE DANAPUR District- Patna
======================================================
Vicky Kumar, aged about 20 years, Male, Son of Raj Kumar Thakur, Resident
of Village - Balua Kathauti, P.S.- Maner, District – Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Special Excise Sadar P.S. Case No. 1363 of 2026 arising out of
Danapur Excise P.S. Case No. 502 of 2026 instituted for the
offences punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Amendment Act, 2018.
3. As per allegation in the FIR, on search, total 126
liters of illicit country made liquor was recovered from the
scooty bearing Registration No. BR01JF-4803.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case only on the basis of
suspicion. He submits that the petitioner is not involved in any
kind of offence as alleged in the FIR. He further submits that
Patna High Court CR. MISC. No.42559 of 2026(2) dt.01-07-2026
2/3
nothing has been recovered from the conscious possession of
the petitioner rather the recovery is from the Scooty. He next
submits that the petitioner is neither the owner nor he was
driving the alleged seized scooty. Petitioner has got clean
antecedent as stated in para 3 of the bail petition and he is in
judicial custody since 30.04.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and the
impugned order of the learned Special Excise Judge Danapur,
Patna dated 21.05.2026, it appears that petitioner is named in
the FIR. From perusal of the records, it also appears that on the
basis of written report of the informant, Rajesh Kumar Patel,
Sub-Inspector Excise Department, Danapur, Patna FIR has been
registered under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Amendment Act, 2018 against the
present petitioner and the allegation is of recovery of illicit
country made liquor. From perusal of seizure list, it also appears
that there is no any independent witness of the seizure,
petitioner is under custody since 30.04.2026 having got clean
antecedent as stated in para 3 of the petition, so considering all
these aspects of the case and submission of learned counsel for
Patna High Court CR. MISC. No.42559 of 2026(2) dt.01-07-2026
3/3
the petitioner, I am inclined to grant regular bail to the
petitioner.
7. Accordingly the prayer for regular bail of the
petitioner is allowed. Let the petitioner above named be
released on regular bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Excise Judge Danapur, Patna
in connection with Danapur Excise P.S. Case No. 502 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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