Patna High Court
Vipul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Vipul Kumar, applied for bail in a case registered under Sections 30(a) and 41 of the Bihar Prohibition & Excise Amendment Act, alleging that only 10 litres of cough syrup were recovered from his car and that he is innocent. The prosecution argued that the seizure linked him to the offence and highlighted his four prior criminal cases. The petitioner contended that the major seizure of 435 litres was from a co‑accused, Ajit Kumar, who had already been granted bail, and that he had been in judicial custody since 8 July 2025. The State opposed bail on the ground of his antecedents. After hearing both sides, the Court found the petitioner's case to be on a better footing and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Excise Judge.
Issues considered
- Whether bail should be granted to the petitioner despite prior criminal antecedents
- Whether ownership of the vehicle from which a small quantity of cough syrup was recovered suffices to justify continued detention
- Whether the presence of a co‑accused with a larger seizure impacts the bail decision
Subjects
- bail
- criminal procedure
- excise law
- prohibition act
- prior convictions
- vehicle ownership
- cough syrup seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69952 of 2025
Arising Out of PS. Case No.-107 Year-2025 Thana- BANGAWON District- Saharsa
======================================================
Vipul Kumar S/o Arvind Kumar @ Arvind Yadav R/o Village- Baijnathpatti,
Ward No. 04, P.S.- Saharsa Sadar, 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. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 09-01-2026 Heard Mr. Binod Kumar Sinha, learned counsel for
the petitioner and Mr. Rabindra Kumar, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Bangaon P.S. Case No. 107 of 2025 registered for the
offence punishable under Sections 30(a) and 41 of the Bihar
Prohibition & Excise Amendment Act.
3. The case of the prosecution in short that from a
Baleno car, altogether 10 liters of Wiscof Cough Syrup were
recovered. Petitioner is the owner of the said car.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that in this case,
Patna High Court CR. MISC. No.69952 of 2025(5) dt.09-01-2026
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from the possession of one co-accused, namely Ajit Kumar,
altogether 435 liters of cough syrup was recovered and he has
already been granted bail by this Court in Cr. Misc. No. 63116
of 2025. The case of this petitioner stands on better footing. He
further submits that the petitioner is languishing in judicial
custody since 08.07.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of four cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special (Excise) Judge-II, Saharsa in connection with
Bangaon P.S. Case No. 107 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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