Patna High Court

Vikash Kumar @ Rajat Kumar @ TeniyaversusThe State of Bihar

Decided: 19 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties and verification of the petitioner’s antecedent.

Summary

The petitioner, Vikash Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 147 litres of liquor from three jute bags. He argued that he had no prior criminal record, the liquor was not found in his possession, and the alleged location did not belong to him, with his name omitted from the FIR. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedent. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act
Whether the conditions imposed under Section 482(2) of the BNSS are satisfied

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
liquor seizure
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17200 of 2026
                         Arising Out of PS. Case No.-634 Year-2025 Thana- BYPASS District- Patna
                 ======================================================
                 Vikash Kumar @ Rajat Kumar @ Teniya S/o Ramsagar Kewat R/o - Bahri
                 Dhawalpura, Gope Toli, P.S - Bypass, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mithilesh Kumar Arya
                 For the Opposite Party/s :        Ms.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 147 litres of liquor from from three jute bags.

                             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 even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated at the instance of local people, but

                   then the name of the person, who disclosed the name of the
Patna High Court CR. MISC. No.17200 of 2026(2) dt.19-03-2026
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          petitioner is not disclosed in the FIR, which casts an aspersion

          on the case of the prosecution, when petitioner has not been

          implicated based on secret information.

                   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 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 Bypass P.S. Case No. 634 of 2025, 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 even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after

          verification if it is found that petitioner is a person with clean
              Patna High Court CR. MISC. No.17200 of 2026(2) dt.19-03-2026
                                                          3/3




                        antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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