Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Vikash Kumar was implicated in a case (PS No.263/2025) for alleged possession of 439.92 litres of liquor recovered from a tempo, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, the tempo did not belong to him, and his name was mentioned only on the basis of a chowkidar's statement, with no material seized from his possession. He also pointed out non‑compliance of Section 103 of the B.N.S.S., 2023 and highlighted that a co‑accused had already been granted regular bail. The State opposed the bail application. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 with two sureties, and complies with the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether there is a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the provisions of Section 103 of the B.N.S.S., 2023 have been complied with.
Whether the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable for granting bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
B.N.S.S., 2023 — s. 103

Subjects

anticipatory bail
illegal liquor
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11808 of 2026
                   Arising Out of PS. Case No.-263 Year-2025 Thana- SINGHWARA District- Darbhanga
                 ======================================================
                 Vikash Kumar Son of Baliram Sahu @ Rambali Sah Resident of Village-
                 Sanahpur, P.S.- Singhwara, District- Darbhanga       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Murari Narain Chaudhary, Advocate
                 For the Opposite Party/s :      Mr.Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner is apprehending arrest in Singhwara

                   P.S. case No. 263 of 2025 registered under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                               3. The prosecution allegation, in short, is that 439.920

                   liters liquor was recovered from Tempo.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got one criminal antecedent.

                   No incriminating material has been recovered from the

                   conscious possession of the petitioner. It is further submitted

                   that the name of the petitioner has transpired on the basis of

                   disclosure made by local chowkidar. The tempo in question

                   does not belong to the petitioner. The petitioner has got no
           Patna High Court CR. MISC. No.11808 of 2026(2) dt.13-02-2026
                                                        2/2




                     concern with sale and purchase of illegal liquor. The petitioner

                     has got no knowledge and concern with the alleged recovery of

                     liquor. Learned counsel, therefore, submits that prima facie, no

                     case is made out against the petitioner. There is no compliance

                     of Section 103 of B.N.S.S., 2023. Co-accused has been granted

                     regular bail by this Bench vide order dated 25.11.2025 passed

                     in Cr. Misc. No. 79613 of 2025.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances,

                     let the petitioner, above named, in the event of arrest/surrender

                     before the learned court below within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.15,000/- (fifteen thousand) with two sureties of the

                     like    amount       each     to    the    satisfaction   of   the   Court

                     below/concerned Court in connection with Singhwara P.S. case

                     No. 263 of 2025, subject to the conditions as laid down under

                     Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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