Patna High Court
Vikram Yadav @ Bikram Yadav @ Vikram Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Vikram Yadav, sought anticipatory bail fearing arrest in a case under the Bihar Excise Act for alleged recovery of 3,062.52 litres of liquor from two Scorpio vehicles and a varandah. He contended that he was not present at the spot of seizure, that none of the seized items were in his possession, and that he does not own the vehicles or the house from which the liquor was recovered. He further argued that the complaint was filed by a chowkidar without prior police information, suggesting a mechanical and unjustified implication by the police, and highlighted his prior criminal record of fifteen cases, thirteen under the Excise Act. The State opposed the grant of anticipatory bail. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bond of Rs. 75,000 and two sureties of equal amount, and directed the trial court to verify the petitioner’s antecedent, with a condition that the bail would be cancelled if more than fifteen prior cases are found.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged offences under the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- police investigation
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10543 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Vikram Yadav @ Bikram Yadav @ Vikram Kumar Singh S/o Bhola Yadav @
Jai Prakash Bhuwan R/o vill - Sagarpur, P.S.- Sakri, Distt.- Madhubani at
present R/o vill - Pandaul, P.s.- Pandaul, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a),
41(1), 31(1), 31(2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of fifteen cases out of which thirteen
cases are under the Excise Act and allegation is of recovery of
3062.52 litres of liquor from two Scorpio vehicles and a
varandah.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
Patna High Court CR. MISC. No.10543 of 2026(2) dt.23-02-2026
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any of the seized vehicles and even the house from where the
recovery is alleged to have been made does not belong to the
petitioner and he came to be implicated at the instance of
Chowkidar but then it is submitted that if the Chowkidar was
aware about the involvement of the petitioner in the occurrence,
then why he did not inform the police prior to institution of the
instant FIR, which casts an aspersion on the case of the
prosecution. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation. It is also submitted that
petitioner earlier also came to be implicated in a similar manner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 75,000/- (Rupees Seventy-five
Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
Patna High Court CR. MISC. No.10543 of 2026(2) dt.23-02-2026
3/3
pending/successor court in connection with Pandaul P.S. Case
No. 283 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than
fifteen cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his antecedent
before this Court, as such, the provisional anticipatory bail order
shall not be confirmed, but after verification if it is found that
petitioner has antecedent of fifteen cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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