Vicky Kumar @ Bikki Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37277 of 2026 Arising Out of PS. Case No.-418 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Vicky Kumar @ Bikki Kumar son of Mohan Raut @ Mohan Sah Resident of village -Amwa Ps -Ghorasahan District -East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ujjwal Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2026 Heard Mr. Ujjwal Kumar Singh, learned counsel for the petitioner and Mr. Shyam Bihari Singh, the learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 20.04.2026 in connection with Ghorasahan P.S. Case No. 418 of 2024, F.I.R. dated 25.10.2024 registered for the offence punishable under Section 317(5) of the B.N.S. and Section 30(a), 41(1) of Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 195 liters of Nepali liquor.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case merely on the basis of suspicion. Further submits that it appears from the FIR as well as the seizure list that
Patna High Court CR. MISC. No.37277 of 2026(2) dt.16-06-2026 2/3 nothing has been recovered from conscious possession of the petitioner and petitioner was not apprehended at the place of occurrence. As per allegation in the FIR, the petitioner and other co-accused persons have fled away from the place of occurrence. Learned counsel for the petitioner submits that there is non-compliance of Sections 103 and 105 of the B.N.S.S, 2023 and the petitioner is in custody since 20.04.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one but he fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 learned Exclusive Special Excise Court No.-3, I/C East Champaran at Motihari in connection with Ghorasahan P.S. Case No. 418 of 2024, with 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
Patna High Court CR. MISC. No.37277 of 2026(2) dt.16-06-2026 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her 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) Nitesh/- U T