Patna High Court
Vikas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that anticipatory bail should be granted as there was no direct evidence against the petitioner.
Summary
The petitioner Vikas Kumar was implicated in a case of illicit liquor seizure after co‑accused Brajmohan Singh and Rakesh Kumar, who were caught with large quantities of liquor, alleged that the liquor was bought from him. The petitioner contended that he was innocent, not present at the scene, and that no material was recovered from his possession, relying solely on the co‑accused’s confession. The court examined whether anticipatory bail could be granted in the absence of direct evidence and on the basis of the co‑accused’s statement. Finding the evidence against the petitioner to be tenuous and noting his lack of presence at the alleged offence, the court decided to grant anticipatory bail. The bail was conditioned on a bond of Rs 10,000 with two sureties and compliance with the Special Judge Excise‑II, Muzaffarpur, under the relevant statutory provisions.
Issues considered
- Whether anticipatory bail can be granted when the only evidence is a co‑accused’s confession.
- Whether the petitioner is entitled to bail under Section 438(2) CrPC and Section 482(2) of the Bihar Narcotic Substances Act, 2023.
- Whether the conditions imposed for bail are appropriate under the applicable statutes.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 3(5), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- co‑accused testimony
- lack of direct evidence
- bail conditions
- Bihar Excise law
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24046 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Vikas Kumar S/o Mohan Ray R/o Village - Maheswara P.S.- Aurai, District -
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 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 Aurai Police Station Case No. 258 of 2025,
disclosing offences under Sections 274, 275, 3(5) of the BNS,
2023, and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on 26.11.2025,
police acting on secret information apprehended Brajmohan
Singh and recovered 38 liters of illicit liquor from a grove near
his poultry farm. He disclosed sourcing it from Vikas
Kumar/petitioner. Later, Rakesh Kumar was also apprehended
near his cattle shed, and 33.3 liters of Nepali liquor were
recovered from a thicket situated near his cattle shed.
Patna High Court CR. MISC. No.24046 of 2026(2) dt.22-04-2026
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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. There is no direct or cogent evidence against him,
and he has been made accused solely on the confessional
statement made by the apprehended co-accused and his past
antecedents. The petitioner was not present at the place of
occurrence, and no incriminating material has been recovered
from his possession or premises.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
petitioner has been made accused merely on the basis of
disclosure by the apprehended co-accused that the liquor has
been bought from the petitioner, 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-II,
Muzaffarpur, in connection with Aurai Police Station Case No.
258 of 2025, subject to the condition laid down under Section
Patna High Court CR. MISC. No.24046 of 2026(2) dt.22-04-2026
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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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