Patna High Court
Twinkle Bhagat @ Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to a Rs. 10,000 bond, two sureties, and specific conditions.
Summary
The petitioner, Twinkle Bhagat @ Vivek Kumar, was arrested after police recovered 40 liters of cough syrup from his car, leading to charges under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He argued that he was not present at the location of the seizure and was implicated merely because he owned the vehicle, while also noting his six prior criminal convictions. The State opposed bail, citing the seriousness of the offence and the petitioner’s antecedents. The High Court considered the facts, the nature of the offence, and the petitioner’s criminal history, and decided to grant bail on a bond of Rs. 10,000 with two sureties, imposing several conditions including regular court appearances and reporting to the Superintendent of Police. The order emphasized that the bail conditions could be cancelled for non‑compliance or if the petitioner commits a similar offence in the future.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offence under the Bihar Prohibition and Excise Act and his prior criminal antecedents
- Whether ownership of the vehicle from which the prohibited article was recovered is sufficient grounds for continued detention
Subjects
- bail
- criminal procedure
- prohibition and excise
- seizure of prohibited article
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65168 of 2025
Arising Out of PS. Case No.-47 Year-2025 Thana- Baijnathpur District- Saharsa
======================================================
Twinkle Bhagat @ Vivek Kumar, Son of Upendra Bhagat, resident of D.B.
Road, Machhali Market, P.S.- Saharsa, Dist.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, Addl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 06-01-2026 Heard the learned counsel for the petitioner and the
learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with Baijnathpur P.S. Case No. 47 of 2025 registered
for the offence(s) punishable under Section(s) 30(a) and 41 of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the police during the
checking of the vehicles recovered 40 liters of cough syrup from
a car owned by the petitioner, namely, Twinkle Bhagat @ Vivek
Kumar.
4. The learned counsel for the petitioner submits
that the petitioner has not been apprehended at the place of
Patna High Court CR. MISC. No.65168 of 2025(4) dt.06-01-2026
2/3
occurrence though incriminating article was recovered. It has
further been submitted that the petitioner has falsely been
implicated in this case only because he is the owner of the car
from where such recovery has been made. It has lastly been
submitted that the petitioner carries six criminal antecedents and
he is in custody since 07.07.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances
of the case, let the petitioner, above-named, be released on bail
on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending/successor Court
in connection with Baijnathpur P.S. Case No. 47 of 2025,
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) If the petitioner, in future, is found to be
involved in similar nature of offence(s), the prosecution
Patna High Court CR. MISC. No.65168 of 2025(4) dt.06-01-2026
3/3
shall be at liberty to move for cancellation of his bail
bond.
(v) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
(vi) In view of the antecedent of the petitioner, the
petitioner is directed to appear before the Superintendent
of Police, Saharsa within fifteen (15) days of his release
with a copy of this order and every two weeks thereafter
for the next nine months. The conduct of the petitioner
will be kept under watch in this period by the concerned
Superintendent of Police and if it is found wanting in any
respect, a report shall be made to the Court concerned by
him to initiate a proceeding for cancellation of bail of the
petitioner for reasons of misuse of bail. After reporting to
the Superintendent of Police, a certificate will be filed by
the petitioner before the Court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
Checking your session…