Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on the condition of a Rs. 5,000 bond and two sureties.
Summary
The petitioner, Vicky Kumar, was arrested in connection with the alleged recovery of 248.10 litres of liquor from a public area near a bamboo orchard in Laxmipur, under Section 30(a) of the Bihar Excise Act. He has four prior excise cases and has been in custody since 20‑04‑2026. The petitioner argued that he was not caught in possession, the liquor was recovered from a place he does not own, and that the police investigation was mechanically driven by a hostile chowkidar. The State opposed bail, citing the seriousness of the offence and the petitioner’s antecedent record. The Court, after considering the submissions, held that the lack of direct possession and the public nature of the location warranted bail, and ordered his release on bail with a bond of Rs. 5,000 and two sureties. The bail order was directed to be implemented by the trial court handling the case.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Excise Act when the alleged contraband was not recovered from his possession.
- Whether the petitioner’s prior excise cases and the nature of the alleged offence justify denial of bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Section 30(a)
- police investigation
- public place
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47117 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
Vicky Kumar Son of Mohan Raut R/o- Amawa Lokhan, P.S.- Ghorasahan,
District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Tripti Singh, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
is in custody since 20.04.2026 and allegation is of recovery of
248.10 liters of liquor from bushes near a bamboo orchard at
village Laxmipur.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.47117 of 2026(2) dt.10-07-2026
2/2
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term. It is also submitted that once an accused is implicated in a
case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (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
Ghorasahan P.S. Case No. 307 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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