Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to bond and conditions.
Summary
The petitioner, Vivek Kumar, was arrested for allegedly transporting 47.52 litres of foreign liquor on an e‑rickshaw, violating Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was merely a passenger and that the driver fled, leaving him behind, and asserted his innocence despite a prior similar case for which he is on bail. The State opposed his bail application. The court considered the nature of the alleged offence, the length of his custody since 21‑05‑2026, and his antecedent case, and decided to grant bail on a bond of Rs.10,000 with two sureties and specific conditions under Section 480(3) of the B.N.S.S. The order also imposed conditions regarding attendance and cancellation of bail for non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the alleged offence and his custody period
- Whether the petitioner’s claim of being a mere passenger and lack of involvement in the seized liquor is sufficient to merit bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- foreign liquor
- prohibition act
- excise law
- Section 30(a)
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44095 of 2026
Arising Out of PS. Case No.-209 Year-2026 Thana- TARAIYA District- Saran
======================================================
Vivek Kumar Son of Nandkumar Sah Resident of Village - Achitpur, Police
Station - Isuapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Soban Ashgar, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Taraiya P.S. Case No. 209 of 2026 registered
for the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, the petitioner was
apprehended with allegation of transporting 47.520 litres of
foreign liquor on an E-rickshaw.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner was apprehended on suspicion as he was
merely a passenger and has nothing to do with the seized liquor
Patna High Court CR. MISC. No.44095 of 2026(2) dt.08-07-2026
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or the E-rickshaw. The driver of the E-rickshaw fled away
leaving behind the petitioner in the E-rickshaw. The petitioner is
having antecedent of one case of similar nature in which he is
on bail. The petitioner is in custody since 21.05.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and period of custody of the petitioner, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court No. 03, Saran at
Chapra/concerned Court in connection with Taraiya P.S. Case
No. 209 of 2026, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
Patna High Court CR. MISC. No.44095 of 2026(2) dt.08-07-2026
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consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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