Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Vikash Kumar, applied for anticipatory bail in a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 after a police raid recovered foreign liquor from a motorcycle registered in his deceased father's name. The prosecution alleged that the motorcycle was used to transport the liquor, but no independent witnesses were present and no incriminating material was found in the petitioner's possession. The petitioner argued he was innocent, had no criminal antecedent, and the vehicle had been borrowed by another person. The court, considering the lack of direct evidence, the petitioner's clean record, and the circumstances of the vehicle's ownership, granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
Whether the absence of incriminating material in the petitioner's possession and his lack of criminal antecedent justify the grant of anticipatory bail.
Whether the fact that the seized motorcycle is registered in the name of the petitioner's deceased father affects liability.

Legislation cited

Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
excise law
prohibition act
foreign liquor seizure
motor vehicle ownership
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18676 of 2026
                      Arising Out of PS. Case No.-97 Year-2025 Thana- EXCISE BARH District- Patna
                 ======================================================
                 Vikash Kumar S/o Late Awadhesh Yadav R/o Village - Shahpur Bhagan
                 Bigha, P.S - Rahui, District - Nalanda


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhim Sen Prasad, Adv.
                 For the Opposite Party/s :       Mr. Akshay Lal Pandit, App.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   16-04-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Barh Excise Police Station Case No. 97 of 2025,

                   disclosing offences under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2016.

                                   3. As per the prosecution case, during a raid on

                   10.04.2025, the police attempted to stop a motorcycle carrying

                   two persons, who fled after abandoning the vehicle and a bag.

                   Upon search, 9 liters of foreign liquor were recovered from the

                   bag. As no independent witnesses were present, police personnel

                   acted as witnesses. The liquor and motorcycle were seized,

                   documented, videographed, and taken to the police station.
Patna High Court CR. MISC. No.18676 of 2026(2) dt.16-04-2026
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                          4. Learned Counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in the

          present case. No incriminating material has been recovered from

          his conscious possession. The petitioner is not named in the

          FIR, and the seized motorcycle is registered in the name of his

          deceased father. Petitioner was not aware whether the

          motorcycle was taken by somebody else for his personal work

          but was carrying illicit liquor. Petitioner is having no criminal

          antecedent.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          motorcycle was borrowed by someone and petitioner is having

          no criminal antecedent, I am inclined to grant the petitioner

          privilege of anticipatory bail.

                          6. This application is, accordingly, allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Special Judge (Excise), Barh,

          Patna, in connection with Barh Excise Police Station Case No.

          97 of 2025, subject to the condition laid down under Section
           Patna High Court CR. MISC. No.18676 of 2026(2) dt.16-04-2026
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                     438 (2) of the Code of Criminal Procedure/Section 482(2) of the

                     BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T

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