Patna High Court

Vikram @ Bhutti @ Vikram KumarversusThe State of Bihar

Decided: 6 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents, with the order to be confirmed if the petitioner has no more than two prior cases.

Summary

Vikram Kumar sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 21 litres of liquor from a motorcycle. He argued that he was not arrested on the spot, no liquor was seized from his possession, and he was not the vehicle's owner, claiming the case was based solely on secret information without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents. It stipulated that if more than two prior cases are found, the bail would be revoked; otherwise, the provisional order would be confirmed.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30
Section 482
criminal antecedent
secret information
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16604 of 2026
                   Arising Out of PS. Case No.-33 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Vikram @ Bhutti @ Vikram Kumar Son of Vijay Singh R/o Village -
                 Bhagwatipur, P.S. - Udawantnagar, Dist. - Bhojpur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prabhat Kumar Singh
                 For the Opposite Party/s :      Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-04-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 21 litres of

                   liquor 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 is not the owner of

                   the seized vehicle and he came to be implicated based on secret

                   information which is the easiest way to implicate someone
Patna High Court CR. MISC. No.16604 of 2026(3) dt.06-04-2026
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          without holding a proper investigation. 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.

          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

          Udawantnagar P.S. Case No. 33 of 2026, 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 event if it is found that petitioner has antecedent of more

          than two cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
              Patna High Court CR. MISC. No.16604 of 2026(3) dt.06-04-2026
                                                          3/3




                        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 two

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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