Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Vijay Kumar was named in an FIR for alleged possession of 241.125 litres of illicit liquor and alleged violations of IPC sections 272, 273 and the Bihar Prohibition and Excise Act, 2016. He applied for anticipatory bail, arguing that the liquor was recovered from a vehicle that did not belong to him and that his name surfaced only through a co-accused’s statement. The State opposed the bail. The court observed that the recovery did not prima facie show conscious physical possession by the petitioner. Consequently, the court ordered that the petitioner be released on bail within four weeks of arrest, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Cr.P.C. s.438(2) and B.N.S.S. s.482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the allegations under IPC and the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- illicit liquor
- IPC
- Bihar Prohibition and Excise Act
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9597 of 2026
Arising Out of PS. Case No.-19 Year-2021 Thana- DAGARUA District- Purnia
======================================================
Vijay Kumar, S/o Dhodhay Paswan, Resident of Village- Ward No. 02,
Manopur @ Manupur, P.O.-Manopur @ Manupur, P.S.-Bhagwanpur, District-
Begusarai, State- Bihar, Pin- 851111
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner is named in the F.I.R. and
apprehending his arrest in connection with Dagarua P.S. Case
No.19 of 2021 registered for the offences punishable under
Sections 272, 273 of the Indian Penal Code and Section 30(a)
of the Bihar Prohibition and Excise Act, 2016.
3. The allegation against the petitioner is to have in
possession of 241.125 litres of illicit liquor and engaged in
illegal trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that the name of petitioner transpired on the basis of
suspicion arising out of disclosure made by apprehended co-
accused Anshu Kumar. It is submitted that alleged vehicle from
Patna High Court CR. MISC. No.9597 of 2026(2) dt.17-02-2026
2/2
where the alleged recovery of illicit liquor was made not belongs
to this petitioner. The petitioner found involved in one more
criminal case, where he is on bail.
5. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie not
appears to be made from conscious physical possession of this
petitioner, accordingly, above-named petitioner, in the event of
his arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of
the like amount each to the satisfaction of learned Special
Judge, Excise Act, Purnia/concerned court in connection with
Dagarua P.S. Case No.19 of 2021, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C/Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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