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Patna High Court

Vikash Kumar @ Vikash Mahato @ Vikash SahroversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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