Patna High Court
VICKY KUMAR @ BIKKI KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to regular bail as the allegations and prior record do not justify continued detention.
Summary
Vicky Kumar was arrested for allegedly recovering 90 litres of liquor from a motorcycle, an offence under Sections 30(a) and 41(1) of the Excise Act. He contended that he was not the owner of the vehicle and was implicated by a watchman, arguing that police often frame innocent persons without proper investigation. The State opposed bail, citing his antecedent record of eight cases, seven of which are under the Excise Act. The court examined the submissions and found no compelling reason to keep the petitioner in custody, noting the lack of direct evidence linking him to the liquor. Accordingly, the court ordered his release on regular bail upon furnishing a bail bond of Rs.5,000 with two sureties, and the bail application was allowed.
Issues considered
- Whether the petitioner is entitled to bail under Sections 30(a) and 41(1) of the Excise Act despite the nature of the offence.
- Whether the petitioner’s prior criminal record, especially under the Excise Act, bars the grant of bail.
- Whether the lack of ownership of the seized vehicle and alleged police impropriety affect the bail decision.
Legislation cited
- Excise Act — s. 30(a), 41(1)
Subjects
- bail
- Excise Act
- liquor seizure
- police investigation
- prior criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46160 of 2026
Arising Out of PS. Case No.-295 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Vicky Kumar @ Bikki Kumar Son Of Mohan Raut Resident Of Village -
Amwa, P.S.- Ghorasahan, District - East Champaran.
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sugandh Saurabh
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a) and 41(1) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of eight cases out of which seven
cases are under the Excise Act and is in custody since
10.04.2026 and allegation is of recovery of 90 litres of liquor
from a motorcycle.
4. The learned counsel for the petitioner submits that
petitioner is not the owner of the seized vehicle and he came to
be implicated at the instance of Chaukidar with whom he is on
Patna High Court CR. MISC. No.46160 of 2026(2) dt.10-07-2026
2/2
an inimical term. It is next submitted that police in majority of
cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding a proper
investigation.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) 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 Kundwa Chainpur P. S. Case No.295 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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