Patna High Court
Vikash Kumar @ Vikash YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to provisional anticipatory bail subject to conditions, pending verification of his antecedents.
Summary
Vikash Kumar, the owner of a vehicle from which 60 litres of liquor were seized, sought anticipatory bail, claiming he had no knowledge of the driver’s alleged misuse of the vehicle and possessed a clean criminal record. The State opposed the bail, arguing the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The court considered that the petitioner was not in actual possession of the liquor and that ownership alone does not imply culpability. Relying on the provisions of Section 482(2) of the B.N.S.S., the court granted provisional anticipatory bail subject to a modest bond and sureties, and directed the trial court to verify the petitioner’s antecedents. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the vehicle from which liquor was recovered makes the owner liable for the offence.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- Section 482(2) inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11354 of 2026
Arising Out of PS. Case No.-215 Year-2025 Thana- JAMHOR District- Aurangabad
======================================================
Vikash Kumar @ Vikash Yadav S/o Yugesh Yadav R/o Village - Khapiya, P.S
- Kutumba, District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 60 litres of liquor from a car. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
Patna High Court CR. MISC. No.11354 of 2026(2) dt.24-02-2026
2/3
It is thus submitted that the petitioner was completely unaware
that his driver would misuse his vehicle in the manner as
alleged, who also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Jamhore
P.S. Case No.215/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.11354 of 2026(2) dt.24-02-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.