Patna High Court
Vikash Kumar @ Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Vikash Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 126 litres of liquor from two motorcycles, one of which he owned. He argued that he was not present at the spot, had no conscious possession of the liquor, and was unaware that his friend misused his vehicle. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if more than six prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed upon verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s ownership of the vehicle used in the alleged offence creates a presumption of guilt.
- Whether the petitioner’s alleged criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- motor vehicle ownership
- criminal antecedent
- Section 30(a) Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22312 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- IMADPUR District- Bhojpur
======================================================
Vikash Kumar @ Vikas Kumar S/o Sri Bhagwan Singh Resident of Village -
Maheshdih, Police Station - Tarari, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of six cases under the Excise Act, as
would manifest from the supplementary affidavit and allegation
is of recovery of 126 litres of liquor from two motorcycles.
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 he came to be
implicated based on the fact that he is owner of one of the
seized motorcycles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.22312 of 2026(2) dt.08-04-2026
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would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged, who also fled from the spot.
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 before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
30,000/- (Rupees Thirty Thousand) 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 Imadpur
P.S. Case No. 147 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 more
than six case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.22312 of 2026(2) dt.08-04-2026
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antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of six
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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