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Patna High Court

Vikash Kumar @ Vikash ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted as the petitioner was merely a driver with no knowledge of the contraband and no direct evidence against him.

Summary

The petitioner, Vikash Kumar, was arrested in connection with an excise case (Case No. 1100 of 2025) alleging possession of 155.340 litres of liquor, violating Sections 30(a), 47 and 41 of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely the driver of the vehicle, had no knowledge of the contraband, and that no incriminating article was found in his possession; he also asserted lack of criminal antecedents and non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, the petitioner’s custody period since 28‑12‑2025, and the absence of direct evidence linking him to the liquor. Concluding that the petitioner was falsely implicated and that bail was appropriate, the Court ordered his release on bail with a bond of Rs. 15,000 and two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged offences under the Bihar Prohibition and Excise Act
  • Whether the lack of incriminating material in the petitioner’s possession and non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, justify granting bail

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • driver liability
  • Section 103
  • Bihar Prohibition and Excise Act
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8267 of 2026
                      Arising Out of PS. Case No.-1100 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Vikash Kumar @ Vikash Chaudhary Son of Manikchand Chaudhary Resident
                 of Village- New Area, Rana Bigha, P.S.- Dipnagar, District- Nalanda,

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Man Mohan Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Nawada

                   Excise P.S. Case No. 1100 of 2025 instituted for the offences

                   punishable under Sections 30(a), 47, 41 of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 155.340

                   litres of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is not the owner of the vehicle. It is further
           Patna High Court CR. MISC. No.8267 of 2026(2) dt.10-02-2026
                                                       2/2




                     submitted that petitioner is the driver of the vehicle in question

                     but he had no knowledge regarding the goods loaded in the

                     vehicle. The petitioner is in custody since 28.12.2025 and has no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarika 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 Nawada Excise P.S.

                     Case No. 1100 of 2025 .



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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