Patna High Court
Vikash SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs. 5,000 each with two sureties.
Summary
Vikash Singh and Dilip Kumar Paswan were arrested in connection with the seizure of 1,799 litres of liquor and Rs. 2,200 from a truck, and charged under Sections 30(a), 41 and 47 of the Bihar Excise Act and Sections 318(4), 338, 336(3) and 340(2) of the Bihar Narcotic Substances Act. The petitioners, who were the driver and khalasi of the vehicle, claimed they were unaware that the owner and consignee had loaded the liquor and therefore sought bail. The State opposed the bail application, arguing the seriousness of the offences. The Court considered the petitioners' role, the length of custody since 14‑03‑2026, and the lack of evidence of their ownership or intent, and ordered that bail be granted on a bond of Rs. 5,000 each with two sureties. The bail order was directed to be recorded by the trial court handling the case.
Issues considered
- Whether bail should be granted to the accused under the Bihar Excise Act and Bihar Narcotic Substances Act in the circumstances of the case
- Whether the accused, being merely driver and khalasi, can be considered unlikely to flee or tamper with evidence
Legislation cited
- Bihar Excise Act — s. 30(a), 41, 47
- Bihar Narcotic Substances Act — s. 318(4), 336(3), 338, 340(2)
Subjects
- bail
- excise law
- narcotic law
- driver
- truck seizure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45166 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- TELMAR District- Nalanda
======================================================
1. Vikash Singh S/o Lakhan Singh R/o Village - Panchambha Boro, P.S -
Giridih, District - Giridih, State - Jharkhand
2. Dilip Kumar Paswan S/o Baldeo Hazra R/o Village - Beldi, P.S - Bengabad,
District - Giridih, State - Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Chandra
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offences punishable under Sections 30(a), 41 and 47 of the
Bihar Excise Act and Sections 318(4), 338, 336(3), 340(2) of
BNS.
3. Learned counsel for the petitioners submits that the
petitioners have antecedent of one case under the Excise Act and
is in custody since 14-3-2026 and allegation is of recovery of
1799 litres of liquor from a truck along with Rs. 2,200/-.
4. Learned counsel for the petitioners submits that
petitioners are not the owner of the seized truck rather are
Patna High Court CR. MISC. No.45166 of 2026(2) dt.03-07-2026
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Driver and Khalasi. It is next submitted that Petitioners were
completely unaware that the owner of the vehicle in connivance
with the consignee had loaded liquor on the truck.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioners.
6. Considering the submission made by learned
counsel for the petitioners and taking into consideration the
period of custody, let the petitioners, above named, be released
on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Telmar P.S. Case
No. 18 of 2026.
(Satyavrat Verma, J)
Sumit/-
U T
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