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Patna High Court

Vicky KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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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