Patna High Court
Vikash RastogiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Vikash Rastogi, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 11.46 litres of liquor were recovered from his joint family house. He claimed innocence, stating that the liquor was not in his conscious possession and that his name was implicated only through local disclosures, with no material seized from him. The petitioner had been in custody since 9 January 2026 and had a prior criminal antecedent for which he was on bail. The State opposed bail, but the court noted the lack of incriminating material, the duration of custody, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the court granted bail on a bond of Rs 15,000 with two sureties of the same amount, releasing the petitioner.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and the period of custody.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- Section 30
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6047 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- PANAPUR District- Saran
======================================================
Vikash Rastogi S/o- Panalal Rastogi village - Bhorha, P. S - Panapur, District
- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Panapur P.S. Case No. 01 of 2026, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 11.46 liters
liquor was recovered from house of the petitioner.
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. Learned counsel
Patna High Court CR. MISC. No.6047 of 2026(2) dt.31-01-2026
2/2
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of disclosure made by local people. It is further
submitted that the alleged recovery has been made from the
joint house of the petitioner where other family members also
reside. The petitioner is in custody since 09.01.2026 and has got
one criminal antecedent in which he is on bail. 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 Panapur P.S. Case
No. 01 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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