Vikram Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Vikram Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner 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 learned Exclusive Special Judge Excise-II, Muzaffarpur/concerned Court below, in connection with Fakuli P.S. Case No. 30 of 2026.

Issue for consideration

Whether the petitioner, arraigned in Fakuli P.S. Case No. 30 of 2026 for an offence under Section 30(a) of the Bihar Prohibition and Excise Act after recovery of illicit beer and foreign liquor from his house, is entitled to bail. +1 more

Court's answer

The petitioner was ordered to be released on bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge Excise-II, Muzaffarpur/concerned Court below, in connection with Fakuli P.S. Case No. 30 of 2026.

Ratio / Principle

Bail was granted on the court's consideration that the recovery was made from a joint family property and that the petitioner has no criminal antecedent.

Detailed headnote1 paragraphs

Bail — S. 30(a), Bihar Prohibition and Excise Act (Fakuli P.S. Case No. 30 of 2026, Muzaffarpur): Recovery of 300 liters of illicit beer and 22.500 liters of illicit foreign liquor was made from the petitioner's house, which counsel submitted was joint family property attracting no specific liability, along with a plea of total non-compliance of Sections 103 and 105 of the B.N.S.S. for want of an independent witness to the search and seizure; the petitioner, in custody since 02.05.2026 and of clean antecedents, was released on bail on a bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge Excise-II, Muzaffarpur, the court expressly resting the grant on the recovery being from joint family property and the absence of criminal antecedents (Soni Shrivastava, J., oral order dated 09-06-2026).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37216 of 2026

Arising Out of PS. Case No.-30 Year-2026 Thana- Fakuli District- Muzaffarpur

======================================================

Vikram Kumar Son of Suresh Ram Resident of Village- Rajla, P.S.- Fakuli, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Priyesh Kumar, Advocate For the State : Mr. Yogendra Kumar Singh, APP

======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 09-06-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in a case registered for

the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

There is recovery of 300 liters of illicit beer and 22.500 liters of illicit foreign liquor from the house of the petitioner.

Learned counsel for the petitioner submits that the recovery has been made from a house which is a joint family property, as such, no liability can be fixed specifically on the petitioner. There is total non-compliance of Sections 103 and 105 of the B.N.S.S. as there is no independent witness of the search and seizure. Further, the petitioner is a person of clean antecedent and is in custody since 02.05.2026.

Patna High Court CR. MISC. No.37216 of 2026(2) dt.09-06-2026 2/2

Learned APP for the State opposed the bail

petition.

Taking into consideration the facts and circumstances of the case and also considering the fact that the recovery has been made from a joint family property and the petitioner has no criminal antecedent, let the above named petitioner, 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 learned Exclusive Special Judge Excise-II, Muzaffarpur/concerned Court below in connection with Fakuli P.S. Case No. 30 of 2026.

(Soni Shrivastava, J)

priyanka/-

U T