Patna High Court
Vikash Kumar @ Vikash SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
Vikash Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 100.44 litres of liquor from a public bush. He argued that the liquor was not in his possession, the site did not belong to him, and that the complaint was mechanically filed based on a chaukidar’s statement without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs 10,000 bond with two sureties and compliance with Section 438(2) Cr.P.C. and Section 482(2) of the BNSS, subject to verification of his criminal antecedent. If the petitioner is found to have more than two prior cases, the bail will not be confirmed; otherwise it will be confirmed. The order directs the trial court to verify the antecedent within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner’s alleged antecedent warrants denial of bail
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1435 of 2026
Arising Out of PS. Case No.-534 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Vikash Kumar @ Vikash Sahani Son of Okar Sahani @ Omkar Sahani
Resident of Village- Mathiya/ Phultakiya, PS - Kesariya, Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore @ Kundan Kumar, Adv.
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 100.440
litres of liquor from a bush.
4. Learned counsel for the petitioner submits that
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 is accessible to villagers at large. It is further submitted that
Patna High Court CR. MISC. No.1435 of 2026(2) dt.21-01-2026
2/3
petitioner came to be implicated at the instance of the
Chawkidar and local person but then it is submitted that once an
accused is implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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, let 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.10,000/- (Rupees Ten 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 Kesariya
P.S. Case No. 534 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of more than two cases,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.1435 of 2026(2) dt.21-01-2026
3/3
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…