Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Vivek Kumar, was arrested after 154.5 liters of liquor were recovered from a room belonging to co‑accused Nandmohan Sharma, and he sought bail under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that the liquor was not in his possession, he had no criminal antecedents, and that the recovery was from a room he did not own. The State opposed bail, but the court noted the lack of incriminating material against the petitioner, the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the length of custody already endured. Considering these factors, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
- Whether the petitioner poses a flight risk or risk of tampering with evidence.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30
- Bihar
- criminal procedure
- non‑compliance of statutory provision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4874 of 2026
Arising Out of PS. Case No.-958 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Vivek Kumar Son of Amresh Kumar Singh Resident of Village -
Kakhaurbigha, Police Station - Shakurabad, District - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Makhdumpur P.S. Case No. 958 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 154.5
liters liquor was recovered from the room of the petitioner.
Petitioner was arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The alleged
Patna High Court CR. MISC. No.4874 of 2026(2) dt.29-01-2026
2/2
recovery has been made from the house of co-accused
Nandmohan Sharma. The petitioner is not the owner of the said
room. The petitioner is in custody since 08.12.2025 and has got
no criminal antecedent. There is no compliance of Section 103
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Makhdumpur P.S.
Case No. 958 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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