Patna High Court
Vicky Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding that his clean antecedent and lack of direct evidence warranted release on bond.
Summary
The petitioner, Vicky Kumar Yadav, applied for bail in a Patliputra police case concerning alleged offences under Sections 37(a) and 38(i)(ii) of the Bihar Prohibition and Excise Act, where 155.730 litres of liquor were seized from a vehicle. The petitioner claimed innocence, stating that he was not named in the FIR, had no possession of the liquor, and that the vehicle was purchased but not yet handed over to him at the time of seizure. He also highlighted his clean criminal record and the lack of incriminating material against him, while noting non‑compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail. The Court, considering the petitioner’s clean antecedent, the circumstances of custody, and the absence of direct evidence, decided to grant bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite non‑compliance with Section 103 of the B.N.S.S., 2023
- Whether the petitioner’s clean antecedent and lack of incriminating material justify bail under the Bihar Prohibition and Excise Act
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- clean antecedent
- custody
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8047 of 2026
Arising Out of PS. Case No.-472 Year-2019 Thana- PATLIPUTRA District- Patna
======================================================
Vicky Kumar Yadav S/O Krishnandan Singh R/O Chakaram, P.S- Budha
Colony, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhirendra Prasad Sinha, Advocate
For the Opposite Party/s : Mr.C. Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and Mr. C.
Jawahar, learned APP for the State.
2. The petitioner seeks bail in Patliputra P.S. case No.
472 of 2019 instituted for the offences under Sections 37(a) and
38(i)(ii) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 155.730 liters
liquor was recovered from car.
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 is
not named in the F.I.R. The petitioner has got no concern with
the alleged recovery of liquor. It is further submitted that the
Patna High Court CR. MISC. No.8047 of 2026(2) dt.10-02-2026
2/2
name of the petitioner has transpired as being owner of the
vehicle in question which he had purchased from one Lalan
Kumar Singh but the said car was not handed over to him at the
time of alleged seizure of liquor. The petitioner is in custody
since 02.01.2026 and has got no criminal antecedent. There is
no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. 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, clean antecedent 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Patliputra P.S. case
No. 472 of 2019.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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