Patna High Court
Vicki Verma @ Bikki KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to verification of his criminal antecedent and compliance with the conditions imposed.
Summary
The petitioner, Vicki Verma (also known as Bikki Kumar), sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 4.320 litres of liquor from a garden and a motorcycle belonging to another person. The petitioner argued that he was not arrested at the scene, no liquor was found in his possession, and the alleged recovery occurred on property unrelated to him, questioning the basis of the prosecution’s case. The State opposed the bail, but the Court considered the submissions and granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedent. The Court directed that if the petitioner is found to have more than one prior case, the bail would not be confirmed; if only one antecedent is found, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS, pending further verification by the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of alleged recovery and lack of possession justify granting bail.
- Whether the petitioner’s criminal antecedent affects the confirmation of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- bail bond
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1241 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- JALALPUR District- Saran
======================================================
Vicki Verma @ Bikki Kumar S/o- Hiralal Verma village - Russi, P. S -
Jalalpur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Ms.Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 4.320 litres of liquor from the garden
of Jay Prakash Verma and from a motorcycle.
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 even the alleged
recovery is from a place which does not belong to the petitioner
and has no concern or relation with Jay Prakash and he came to
Patna High Court CR. MISC. No.1241 of 2026(2) dt.21-01-2026
2/3
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.
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 before the learned trial court within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees
Five Thousand) 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 Jalalpur P.S. Case No.
225 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
Patna High Court CR. MISC. No.1241 of 2026(2) dt.21-01-2026
3/3
event if it is found that petitioner has antecedent of more than one
case 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 one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…