Patna High Court

Vibek Kumar @ Bivek KumarversusThe State of Bihar

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

Holding

The court granted bail to the petitioner.

Summary

Vibek Kumar was arrested in connection with a case under IPC sections 272, 273, 34 and Section 30(a) of the Bihar Prohibition and Excise Act after liquor and spirit were recovered, part of which was allegedly found in his hut. The petitioner contended that he was falsely implicated, that no incriminating material was found in his conscious possession, and that the secret information leading to his arrest was not disclosed. He also argued that the hut was joint family property, he had only one prior criminal antecedent, and the prosecution had not complied with Section 103 of the B.N.S.S., 2023. The State opposed bail. Considering the circumstances, the court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

Whether bail should be granted to the accused in a case involving offences under IPC sections 272, 273, 34 and the Bihar Prohibition and Excise Act.
Whether the lack of incriminating material in the accused's conscious possession and the non‑disclosure of secret information justify bail.
Whether the prior criminal antecedent and non‑compliance with Section 103 of B.N.S.S., 2023 affect the bail decision.

Legislation cited

B.N.S.S., 2023 — s. 103
Indian Penal Code — s. 272, 273, 34

Subjects

bail
IPC 272
IPC 273
IPC 34
Bihar Prohibition and Excise Act
secret information
joint family property
criminal antecedent
Section 103 B.N.S.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91862 of 2025
                 Arising Out of PS. Case No.-132 Year-2020 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Vibek Kumar @ Bivek Kumar S/O Om Prakash Chaudhary @ Omaprakash
                 Chaudhary Resident of village- Hathiyahi, PS- Piprakothi, District- East
                 Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood, 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 Piprakothi P.S. case No.

                   132 of 2020 instituted for the offences under Sections 272, 273,

                   34 of the Indian Penal Code and Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 25 liters liquor

                   and 25 liters spirit have been recovered out of which 10 liters

                   liquor and 25 liters spirit have been recovered from the hut of

                   the petitioner.

                               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. The petitioner
           Patna High Court CR. MISC. No.91862 of 2025(2) dt.19-01-2026
                                                       2/2




                     has got no concern with the alleged recovery of liquor. It is

                     further submitted that the name of the petitioner has transpired

                     on the basis of secret information as per F.I.R. The source and

                     genuineness of the secret information has not been disclosed by

                     the prosecution. The hut in question belongs to joint family

                     property of the petitioner. The petitioner is in custody since

                     23.09.2025 and has got one 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 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 Piprakothi P.S. case

                     No. 132 of 2020.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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