Patna High Court
Vishant Kumar @ Viswjeet Kumar @ TufaniversusThe 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 bond and conditions, as the circumstances did not warrant continued detention.
Summary
The petitioner, Vishant Kumar, was arrested after 4,406.6 liters of liquor were recovered from a container truck in Mahua, Vaishali. He claimed innocence, stating he was only a cleaner on the vehicle and had no knowledge of the goods, and that no incriminating material was found on his person. The prosecution alleged offences under Sections 274, 275, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 30(a), 32(i), and 41(i) of the Bihar Prohibition and Excise Act. The State opposed bail, while the petitioner argued lack of ownership, prior bail for another case, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. Considering the facts, custody period, and the petitioner’s role, the Court inclined to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance. The order directed release on bail after framing of charge, subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner under the offences charged
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with
- Whether the petitioner’s role as a cleaner absolves him of liability for the alleged contravention of the Bihar Prohibition and Excise Act
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- prohibition
- excise
- liquor seizure
- criminal procedure
- section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91708 of 2025
Arising Out of PS. Case No.-1091 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Vishant Kumar @ Viswjeet Kumar @ Tufani Son of Late Shiv Chandra Ray
Resident of Village- Abbu Chak, P.S.- Mahua, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, 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 Mahua
P.S. Case No. 1091 of 2025, instituted for the offences
punishable under Sections 274, 275, 3(5) of the Bharatiya
Nyaya Sanhita, 2023, read with Sections 30(a), 32(i) and 41(i)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 4406.6 liters
liquor was recovered from container truck 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
Patna High Court CR. MISC. No.91708 of 2025(2) dt.19-01-2026
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is neither
owner nor driver of the vehicle in question rather he is cleaner
of that vehicle and has got no knowledge with regard to the
nature of goods loaded in that vehicle. The petitioner is in
custody since 21.11.2025 and has got one criminal antecedent in
which he is on bail. There is no compliance of Section 103 of
the Bharatiya Nagarik 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 after framing
of charge, if not already framed, 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 Mahua P.S. Case No. 1091 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.91708 of 2025(2) dt.19-01-2026
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(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)
Rajorshi/-
U T
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