Patna High Court
Vikram Kumar Poddar @ Bikarm Kumar PoddarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court rejected the petitioner's anticipatory bail application.
Summary
Vikram Kumar Poddar sought anticipatory bail in a case involving alleged recovery of 1,075.68 litres of illicit liquor from a Dak Parcel vehicle, alleged under Sections 111(i) and 111(ii) of the BNS read with Sections 30(a), 36 and 41(2) of the Bihar Prohibition and Excise Act. The petitioner claimed he was not present at the scene and that his name appeared only on suspicion, while also highlighting his pending criminal cases. The State opposed bail, emphasizing the petitioner’s two pending excise cases and his criminal antecedent. After hearing both sides, the Court found the circumstances insufficient to merit bail. Consequently, the Court rejected the petitioner's anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged involvement in illicit liquor recovery and his prior criminal cases
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 36, 41(2)
- BNS — s. 111(i), 111(ii)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- criminal antecedent
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21869 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- Champanagar District- Purnia
======================================================
Vikram Kumar Poddar @ Bikarm Kumar Poddar Son of Sadanand Poddar
R/v- Lasanpur Bauri Ps- Dagarua Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Adv.
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Champanagar P.S. Case No.27 of 2026, for the offence
punishable under Sections 111(i) /111(ii) of the BNS read with
Sections 30(a), 36 and 41(2) of the Bihar Prohibition and Excise
Act pending before the Court of Exclusive Special Judge Excise
Court No.1, Purnea.
3. As per the prosecution, the total recovery of
1075.68 litres of illicit liquor have alleged to be made from a
Dak Parcel vehicle, which is the subject matter of the present
case.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.21869 of 2026(2) dt.08-04-2026
2/2
also submits that petitioner was not present on the place of
occurrence and his name has been transpired only on suspicion.
Counsel further submits that criminal antecedent of the
petitioner is not clean as there are two criminal cases pending
against him in which he is on bail. He further submits that the
recovery has not been made in conscious possession of the
petitioner.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is not clean as there are two criminal cases (relating to
Excise Act) pending against him and this aspect must be taken
into consideration.
6. In the present facts and circumstances, this Court is
not inclined to grant bail to the petitioner. Accordingly, the
prayer for anticipatory bail of the petitioner is hereby rejected.
(Dr. Anshuman, J)
Prakashmani/-
U T
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