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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing his release upon furnishing a bail bond of Rs 10,000 with two sureties.

Summary

The petitioner, Vikash Kumar, was charged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 420, 120(B) and 34 of the IPC for alleged recovery of 1,425 litres of liquor from a truck and an Alto car. He had previously been involved in five excise cases and was arrested on 6 December 2025, though the police did not recover any liquor from his possession and he denied ownership of the seized vehicles. The petitioner contended that he was implicated solely on the basis of a chowkidar’s statement, with whom he had an inimical relationship, and that the investigation was mechanically conducted without proper inquiry. The State opposed bail, citing the seriousness of the offences. The Court, after considering the submissions, held that the petitioner was entitled to bail and ordered his release upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bihar Prohibition and Excise Act and IPC
  • Whether the circumstances of the arrest and lack of seized contraband justify release on bail
  • Whether the investigation conducted based on a chowkidar’s statement meets the requirements for continued custody

Legislation cited

Subjects

  • bail
  • excise law
  • prohibition act
  • IPC
  • fraud
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9060 of 2026
                     Arising Out of PS. Case No.-107 Year-2022 Thana- JAMHOR District- Aurangabad
                 ======================================================
                 Vikash Kumar Son of Radha Mohan Singh Resident of Village - Ratnaur, P.S.
                 - Jamhor, District - Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Singh, Adv.
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of Bihar Prohibition and

                   Excise Act and Sections 420, 120(B) and 34 of the Indian Penal

                   Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 1425 litres of liquor from a truck and

                   an alto car. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and is not the owner of any of the seized vehicle and

                   he came to be implicated at the instance of chowkidar with

                   whom he is on an inimical term. It is also submitted that once an
             Patna High Court CR. MISC. No.9060 of 2026(2) dt.16-02-2026
                                                         2/2




                       accused is implicated in a case relating to excise, the police

                       starts implicating mechanically either through chowkidar, local

                       person, confessional statement or secret information without

                       holding a proper investigation. It is next submitted that

                       petitioner is in custody since 06.12.2025.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, is

                       directed to be released on bail on furnishing bail bonds of

                       Rs.10,000/- (Rupees ten thousand) with two sureties of the like

                       amount each to the satisfaction of the learned trial court where

                       the case is pending/successor court in connection with Jamhore

                       P.S. Case No.107/2022.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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