Patna High Court
Vickey Kumar @ Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Vickey Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 291 litres seized under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that the liquor was recovered from a plot owned by another person, that he had no ownership or possession of the liquor, and that the charges were based merely on suspicion. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted the lack of direct possession by the petitioner and his clean antecedent. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged involvement in illegal liquor trade under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged lack of ownership and possession of the seized liquor negates the necessity of custodial detention.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Section 30
- bail bond
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43457 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Vickey Kumar @ Vicky Kumar S/O- Santosh Sah R/O village - Ekbhinda,
Ward no 1,P.S - Sadar, District - Darbhanga
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Nawal Kishor Prasad, Advocate
For the Opposite Party : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Sadar P.S. Case
No.114 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 291 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from the bushes which was the plot of Jahir Ahmad. It
Patna High Court CR. MISC. No.43457 of 2026(2) dt.03-07-2026
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is also submitted that name of this petitioner arrayed solely
on the basis of suspicion. It is further argued that petitioner
is not the owner of the said plot and also the petitioner is not
in any way connected with the seized liquor. It is also
submitted that recovery of illicit liquor was not made from
conscious possession of this petitioner. It is also submitted
that the seizure list also appears doubtful being not
supported by independent witnesses rather than by police
personnel. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.43457 of 2026(2) dt.03-07-2026
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learned Special Judge- I, (Excise Act), Darbhanga, in
connection with Sadar P.S. Case No.114 of 2026, subject to
the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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