Vickey Kumar @ Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43457 of 2026 Arising Out of PS. Case No.-114 Year-2026 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Vickey Kumar @ Vicky Kumar S/O- Santosh Sah R/O village - Ekbhinda, Ward no 1,P.S - Sadar, District - Darbhanga ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nawal Kishor Prasad, Advocate For the Opposite Party :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Sadar P.S. Case No.114 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 291 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that the recovery of alleged illicit liquor was made from the bushes which was the plot of Jahir Ahmad. It

Patna High Court CR. MISC. No.43457 of 2026(2) dt.03-07-2026 2/3 is also submitted that name of this petitioner arrayed solely on the basis of suspicion. It is further argued that petitioner is not the owner of the said plot and also the petitioner is not in any way connected with the seized liquor. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. It is also submitted that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. Petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.43457 of 2026(2) dt.03-07-2026 3/3 learned Special Judge- I, (Excise Act), Darbhanga, in connection with Sadar P.S. Case No.114 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Aniket/- U T