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Patna High Court

Vikram Kumar @ Vikram RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent, with confirmation only if he is found to have a clean record.

Summary

The petitioner, Vikram Kumar, feared arrest in a case alleging recovery of 3,681 litres of liquor from three vehicles, with offences under IPC sections 467, 468, 471, 420, 34 and Bihar Excise Act sections 30(a), 36, 41(i). He asserted a clean criminal record, claimed he was not arrested on the spot, had no possession of the liquor, was not the owner of the vehicles, and was implicated by locals, noting his name was absent 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 provisional bail will not be confirmed; if his antecedent remains clean, the bail will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the serious offences alleged under the IPC and Bihar Excise Act.
  • Whether the absence of the petitioner’s name in the FIR and his claim of clean antecedent justify granting anticipatory bail.
  • Whether the trial court should verify the petitioner’s criminal antecedent before confirming the anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • clean antecedent
  • liquor seizure
  • IPC offences
  • Bihar Excise Act
  • provisional bail
  • verification of antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22083 of 2026
                   Arising Out of PS. Case No.-228 Year-2022 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
                 Vikram Kumar @ Vikram Rai S/O late Ramji Rai @ Ramjee Singh R/O Vill.-
                 Koari Buzurg, P.S.- Ganga Bridge, Dist.- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anuj Kumar
                 For the Opposite Party/s :      Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-04-2026               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 Sections 467, 468,

                   471, 420 and 34 of IPC and Sections 30(a), 36 and 41(i) 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 3681 litres of liquor from three vehicles.

                             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

                   any of the seized vehicles and he came to be implicated at the

                   instance of local people, but then the name of the person, who
Patna High Court CR. MISC. No.22083 of 2026(2) dt.07-04-2026
                                            2/3




          disclosed the name of the petitioner, is not disclosed in the FIR,

          which casts an aspersion on the case of the prosecution, moreso

          when petitioner admittedly is a person with clean antecedent.

                   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 Ganga Bridge P.S. Case No. 228 of 2022

          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 antecedent in that event the provisional
              Patna High Court CR. MISC. No.22083 of 2026(2) dt.07-04-2026
                                                          3/3




                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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