Patna High Court
Vikash Kumar @ Vikash Mahato @ Vikash SahroversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to verification of his antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, 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 842.4 litres of liquor from a pickup vehicle. He asserted a clean criminal record, denied ownership of the vehicle, and claimed he was falsely implicated by a watchman with whom he had a personal dispute. The State opposed the bail. The High Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s antecedents under Section 482(2) of the B.N.S.S. If any prior case is found, the bail will not be confirmed; if he is found clean, the bail will be confirmed. The order directs the trial court to verify antecedents and act accordingly.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged clean antecedent and lack of ownership of the seized vehicle justify granting bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16456 of 2026
Arising Out of PS. Case No.-520 Year-2025 Thana- MINAPUR District- Muzaffarpur
======================================================
Vikash Kumar @ Vikash Mahato @ Vikash Sahro S/O Dindayal Mahto @
Deendayal Mahato R/O Vill.- Bahadurpur, P.S.- Kanti, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 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
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 842.400 litres of liquor from a pick up vehicle. 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 the seized vehicle and he came to be
implicated at the instance of chowkidar with whom he is on an
inimical term. It is next submitted that if chowkidar was aware
of the involvement of the petitioner in the occurrence then why
Patna High Court CR. MISC. No.16456 of 2026(2) dt.17-03-2026
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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
also submitted that chowkidar in order to save the real culprit
falsely implicated the petitioner, when petitioner admittedly is a
person with clean antecedent.
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.500/- (Rupees five hundred) 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 Minapur P.S. Case No.520/2025, 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 even one
case, 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.16456 of 2026(2) dt.17-03-2026
3/3
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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