Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26671 of 2026 Arising Out of PS. Case No.-35 Year-2026 Thana- Bahera District- Gaya ====================================================== 1.

Vikky Kumar Son of Prem Kumar Resident of Village - Kishanpur, P.S. and District - Chatra (Jharkhand) 2.

Lal Bihari Kumar Son of Jhubar Sao @ Jhugar Sao R/o Baglata Naya Toli Simliya, P.S.- Ratu, District - Ranchi (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-04-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in connection with Bahera P.S. Case No.35 of 2026 registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act.

3. The case of the prosecution, in short, is that from two vehicles which were driven by the petitioners altogether 218.16 liter of illicit liquor and 459.50 liter of beer was recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that both the petitioners are drivers of the vehicles. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.26671 of 2026(2) dt.22-04-2026 2/2 that the petitioners were unaware of the said liquor. It has further been submitted that nothing has been recovered from their possession. Learned counsel for the petitioners has further submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioners has further submitted that the petitioners are having no criminal antecedent and they are in judicial custody since 26.02.2026.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Excise Court No.05, Gaya Ji in connection with Bahera P.S. Case No.35 of 2026. (Ashok Kumar Pandey, J) durgesh/- U T