Vicky Kumar @ Biki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32673 of 2026 Arising Out of PS. Case No.-122 Year-2026 Thana- SUPPI District- Sitamarhi ====================================================== Vicky Kumar @ Biki Kumar S/O Sanjiwan Singh Resident of village- Rajpur Got, Ward No 11, P.S.- Suppi, District Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dwij Raj, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-05-2026 Heard Mr. Dwij Raj, learned counsel for the petitioner as well as Ms. Suman Kumari Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 08.04.2026 in connection with Suppi P.S. Case No.122 of 2026, F.I.R. dated 08.04.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 369 of liters of Nepali Karishma Saufi Wine.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case merely on the basis of suspicion. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.32673 of 2026(2) dt.13-05-2026 2/3 the petitioner rather the recovery has been made from banana orchard and the petitioner has no role at all in the present occurrence. He further submits that seizure list witnesses are police personnel so, there is non-compliance of Section 103 and 105 of BNSS and the petitioner is in custody since 08.04.2026.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries two criminal antecedents other than the present one of similar nature but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Exclusive Excise Court No.-1, Sitamarhi in connection with Suppi P.S. Case No.122 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.32673 of 2026(2) dt.13-05-2026 3/3 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T