Patna High Court
Vikash Kumar @ vikash Chaudhary@ Naga Chaudhary @ NagaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to verification of the petitioner’s antecedent cases and compliance with bail bond conditions.
Summary
Vikash Kumar sought anticipatory bail after being implicated in a case under Sections 30(a), (b) and (c) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for alleged recovery of 100 litres of liquor from two motorcycles and 2000 litres of fermented Jawa Mahua, which were destroyed at the spot. The petitioner argued that he was not arrested, had no conscious possession of the seized items, was not the owner of the vehicles, and was only linked to the incident through a hostile watchman. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs 10,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if exactly two are found, the bail will be confirmed immediately. The order is made under Section 482(2) of the Bihar Negotiable Securities Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending case under the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner’s alleged involvement and prior criminal antecedents justify denial of bail
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14663 of 2026
Arising Out of PS. Case No.-1058 Year-2025 Thana- GAYA MUFASIL District- Gaya
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Vikash Kumar @ vikash Chaudhary@ Naga Chaudhary @ Naga Son of
Ramavtar Chaudhary @ Bajrangi Chaudhary Resident of Village- Bhadeja,
P.S.- Mufassil, District- Gaya Ji. At present Sherghat Mohalla Ward No. 16,
P.S.- Sherghat, District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar
For the Opposite Party/s : Mr. Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 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 Sections 30(a), (b),
(c) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 100 litres of liquor from two
motorcycles along with 2000 litres of fermented Jawa Mahua,
which was destroyed at the spot. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
any of the seized vehicle and he came to be implicated at the
Patna High Court CR. MISC. No.14663 of 2026(2) dt.16-04-2026
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instance of chowkidar with whom he is on an inimical term. It is
also submitted that if chowkidar was aware of 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.
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 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 Muffasil P.S. Case No.1058/2025, 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 more than
two cases, 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
Patna High Court CR. MISC. No.14663 of 2026(2) dt.16-04-2026
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on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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