Patna High Court
Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Vinay Kumar, was arrested after 220 litres of liquor were recovered from an e‑rickshaw and is charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He claims innocence, stating that no incriminating material was found in his possession and that he has no prior criminal record. The prosecution opposed bail, while the petitioner’s counsel argued that the petitioner is merely the vehicle owner and that procedural compliance under Section 103 of the B.N.S.S., 2023 was lacking. Considering the lack of direct evidence, the petitioner’s clean record, and the period of custody already served, the Court decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s appearance at every trial date, with cancellation possible after two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused in an Excise case under the Bihar Prohibition and Excise Act despite the recovery of liquor from the vehicle.
- Whether the lack of incriminating material in the accused’s possession and the absence of prior criminal record justify bail.
- Whether compliance with Section 103 of the B.N.S.S., 2023 is required before granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56(b)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- criminal procedure
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9117 of 2026
Arising Out of PS. Case No.-4490 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Vinay Kumar Son of Kailash Prasad Resident of Village- Ghagha Ghat,
Sultanganj Mahendru Ward No. 49, P.S.- Sultanganj, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Khushi Awadh, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Excise P.S. case No.
4490 of 2025 instituted for the offences under Sections
30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 220 liters
liquor was recovered from e-rickshaw and the petitioner
was arrested on spot.
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.
Patna High Court CR. MISC. No.9117 of 2026(2) dt.12-02-2026
2/3
The petitioner has got no concern with the alleged recovery
of liquor. It is further submitted that the name of the
petitioner has transpired as being owner of the vehicle in
question. The petitioner is in custody since 31.12.2025
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 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, after
framing of charge, if not already framed, 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 Excise P.S. case
No. 4490 of 2025, 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
Patna High Court CR. MISC. No.9117 of 2026(2) dt.12-02-2026
3/3
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)
Pankaj/-
U T
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