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Patna High Court

Vikas KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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