Patna High Court
Vikram Kumar @ Vikram RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 36, 41(i)
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 34, 420, 467, 468, 471
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
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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
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
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