Patna High Court
Vikash Kumar @ Vikash ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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