Vikash KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44328 of 2026
                     Arising Out of PS. Case No.-474 Year-2026 Thana- Excise P.S. District- Aurangabad
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                 Vikash Kumar, aged about 40 years, Gender-Male, Son of Pramanand
                 Paswan, Resident of Village- Kuntha, P.S.- Obra, District- Aurangabad.
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Priyam Kumari, Advocate
                 For the Opposite Party/s :         Ms. Anita Kumari, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

2   08-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Excise

                   Sadar Aurangabad P.S. Case No. 474 of 2026 instituted for the

                   offences punishable under Sections 30(a), 32(3), 41(1) and

                   41(2) of the Bihar Prohibition and Excise Act, 2018.

                                3. As per allegation in the FIR, total 328 litres of

                   illegal beer and 18 litres illegal foreign liquors have been

                   recovered from a Scorpio.

                                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. He submits that the

                   petitioner is only the driver of the vehicle and he has no

                   knowledge about the consignment. He further submits that

                   petitioner is neither the owner of the seized illegal liquor and
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          Scorpio nor concerned with any material as prescribed in the

          seizure list. He submits that there is no any independent witness

          of the seizure list and the seizure list witnesses are police

          personnel. Petitioner is in custody since 09.05.2026.

                       5. Learned APP for the State opposes the prayer for

          regular bail of the petitioner.

                       6. From perusal of the FIR, seizure list and impugned

          order of the learned Special Judge Excise-II, Aurangabad, dated

          09.06.2026, it appears that petitioner is named in the FIR. From

          perusal of the records, it appears that on the basis of written

          report of the informant, FIR has been registered under Sections

          30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and

          Excise Act, 2018 against the above named petitioner and the

          allegation is recovery of 328 litres of illegal beer and 18 litres

          illegal foreign liquors from the Scorpio and he is the driver of

          the alleged vehicle. Petitioner is in custody since 09.05.2026

          and no any independent witness of the seizure list, so

          considering all these aspects of the case and submission of

          learned counsel for the petitioner, I am inclined to grant regular

          bail to the above named petitioner.

                       7. Accordingly the prayer for regular bail of the

          petitioner is allowed.          Let     the petitioner above named be
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                      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 Court No. 2,

                      Aurangabad, Bihar in connection with Excise Sadar Aurangabad

                      P.S. Case No. 474 of 2026.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T