Patna High Court
Vikki SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner subject to a bond and conditions under Section 480(3) of the CrPC.
Summary
The petitioner, Vikki Singh, was arrested in connection with a case alleging possession of 259.200 litres of foreign liquor in a Ford Figo, alleged under the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was merely a hired driver, not the vehicle owner, and had no knowledge of the liquor, asserting false implication. The prosecution opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal record. The court examined the bail provisions under Section 480(3) of the Criminal Procedure Code and the facts presented, noting that the petitioner’s alleged lack of ownership and knowledge mitigated the risk of non‑appearance. Consequently, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions including a close relative as a bailor and cooperation in trial. The trial court was directed to verify the petitioner’s criminal antecedent and cancel bail if concealment is discovered.
Issues considered
- Whether the petitioner is entitled to bail despite alleged involvement in an offence under the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner’s claim of being a hired driver and lack of ownership of the vehicle negates culpability
- Whether the petitioner’s prior criminal antecedent warrants denial of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 437(3), 480(3)
Subjects
- bail
- excise law
- illegal liquor
- vehicle ownership
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 11816 of 2026
Arising Out of PS. Case No.-760 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Vikki Singh S/o Gauri Shankar R/o Village- Nuruddin Shahid Phulwariya,
P.S- Varanasi Cant, Dist- Varanasi (U.P).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : M/s Shalini Raje, Rishup, Advocates
For the Opposite Party/s : Mr.Anish Chandra
======================================================
CORAM: HONOURABLE MR JUSTICE RITESH KUMAR
ORAL ORDER
2 17-02-2026 Heard the parties.
2 The petitioner is in custody in connection with
Bhabua Excise PS Case No 760 of 2025 for allegedly having
committed an offence under Sections 30 (a)/32 (i) (iii)/41 (i) (ii)
of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3 The learned counsel for the petitioner submits that
259.200 liters of foreign made liquor was recovered from one
Ford Figo Car bearing Registration No UP23U-5870. The
learned counsel for the petitioner further submits that the
petitioner has been falsely implicated in this case and nothing
has been recovered from his conscious possession. Learned
counsel for the petitioner further submits that the petitioner is
not the owner of the vehicle in question and he was hired as a
Patna High Court CR. MISC. No.11816 of 2026(2) dt.17-02-2026
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Driver and therefore he was having no knowledge of the alleged
liquor in the vehicle. Learned counsel for the petitioner further
submits that co-accused Vikash Yaav has been granted bail by a
coordinate Bench of this Court vide order dated 11.02.2026
passed in Cr Misc No 8634 of 2026. The learned counsel for
the petitioner further submits that the petitioner is in custody
since 22.12.2025 and is having one criminal antecedent.
4 The learned APP opposes the prayer for bail
vehemently.
5 Having heard the parties, let the petitioner above
named be released on bail on his furnishing bail bond of Rs
10,000/- with two sureties of the like amount each to the
satisfaction of the learned Special Exclusive Excise Court II,
Kaimur at Bhabua in connection with Bhabua Excise PS Case
No 760 of 2025 subject to the condition as laid down under
Section 480 (3) of the BNSS/437 (3) of the Cr P C with a
condition that :
(i) one of the bailors should be a
close relative/family member of the
petitioner,
(ii) the petitioner will cooperate
in the trial.
6 The learned trial Court shall verify the criminal
antecedent of the petitioner and in case at any stage if it is found
Patna High Court CR. MISC. No.11816 of 2026(2) dt.17-02-2026
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that the petitioner has concealed his criminal antecedent, then
the Court below shall take steps for cancellation of his bail
bond. However, the acceptance of the bail bond in terms of the
above mentioned order shall not be delayed for the purpose of
or in the name of verification.
(Ritesh Kumar, J)
M.E.H./-
U
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