Patna High Court

Bikki Kumar @ Vickey Kumar @ Vicky KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, subject to monetary sureties and conditions of appearance.

Summary

The petitioner, Bikki Kumar, was arrested in connection with a case involving the seizure of 5,109.87 litres of liquor and charged under several sections of the Bihar Prohibition and Excise Act. He claimed he was falsely implicated, had no liquor in his possession, and was not linked to the vehicle used. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and the petitioner’s three prior criminal records. After considering the facts, custody period, and the statutory provisions, the Court decided to grant bail. Bail was set at Rs. 15,000 with two sureties, subject to conditions including family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act despite the seriousness of the offence and his prior criminal antecedents
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition and excise
liquor seizure
criminal antecedents
Section 103
Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.888 of 2026
                   Arising Out of PS. Case No.-847 Year-2023 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Bikki Kumar @ Vickey Kumar @ Vicky Kumar S/o Suresh Rai @ Suresh
                 Prasad @ Suresh Yadav Resident of Village- Panch Chak, Aramachise
                 Sultanpur, Danapur Cant, P.S.- Danapur, District- Patna
                                                                                ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhananjay Kumar, Advocate
                 For the Opposite Party/s :      Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Phulwarisharif P.S. Case No. 847 of 2023 instituted for the

                   offences punishable under Sections 30(a), 32(ii)(iii), 36, 41(i)(ii)

                   of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 5109.87

                   litres of liquor was recovered from truck.

                               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 in no manner connected with the vehicle in

                   question or the alleged recovery of liquor. The petitioner is in
           Patna High Court CR. MISC. No.888 of 2026(2) dt.19-01-2026
                                                       2/2




                     custody since 10.12.2025 and has three criminal antecedents.

                     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 as also 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 Phulwarisharif P.S.

                     Case No. 847 of 2023, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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