Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to both petitioners, subject to bond and conditions.
Summary
The petitioners, two individuals named Vikash Kumar, were arrested after 102.3 litres of illicit country-made liquor was recovered from a car, and were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the liquor, that no incriminating material was found on them, and that one was merely the car owner while the other was seated in the vehicle. Both had a prior criminal record and had been in custody since 1 December 2025, with the prosecution alleging non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the lack of direct evidence of conscious possession and the period of custody, granted bail to both petitioners subject to a bond of Rs 15,000 each, two sureties, and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
- Whether the circumstances of the arrest and the petitioners' alleged lack of conscious possession justify bail.
Legislation cited
Subjects
- bail
- excise
- prohibition act
- criminal procedure
- possession of illicit liquor
- conditions of bail
- Indian law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7663 of 2026
Arising Out of PS. Case No.-1336 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
1. Vikash Kumar S/o Sudama Saw R/o Village - Das Mohalla, P.S - Nabinagar,
District - Aurangabad
2. Vikash Kumar S/o Bhola Prasad R/o Village - Mangal Bazar, P.S -
Nabinagar, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhaskar Shankar, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Excise
P.S. Case No. 1336 of 2025, instituted for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 102.300
liters of country made liquor was recovered from car. Petitioners
were arrested on the spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.7663 of 2026(2) dt.10-02-2026
2/3
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. The
petitioner No.2 is the owner of the alleged car and petitioner
No.1 was found sitting in the said car. The petitioners have no
knowledge regarding the nature of goods loaced on the vehicle.
The petitioners are in custody since 01.12.2025 and have got
one criminal antecedent each. 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioner no.2 Vikash Kumar, son of Bhola
Prasad, be released on bail after framing of charge, if not
already framed and petitioner No.1 Vikash Kumar, son of
Sudama Saw, be released on bail on furnishing bail bonds of Rs.
15,000/- (Rupees Fifteen Thousand) each with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
1336 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioners’ own or
Patna High Court CR. MISC. No.7663 of 2026(2) dt.10-02-2026
3/3
close member.
(II) The petitioners shall appear on each and every
date fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioners shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…