Patna High Court
Vikki KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Vikki Kumar, applied for anticipatory bail fearing arrest in a case alleging the recovery of 15 litres of liquor, two country‑made pistols and three live cartridges from his residence. He asserted a clean antecedent and argued that nothing was seized from his conscious possession, claiming he was implicated merely because of his father’s identity. The State opposed the bail, emphasizing that the allegations involve serious offences under the Bihar Excise Act and the Arms Act, and that investigation and interrogation are necessary. The Court considered the seriousness of the alleged offences and the need for further investigation. Consequently, the Court declined to grant anticipatory bail, rejecting the petition.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged possession of liquor and illegal firearms under the Bihar Excise Act and the Arms Act
- Whether the seriousness of the alleged offences warrants denial of anticipatory bail pending investigation
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
Subjects
- anticipatory bail
- excise law
- arms law
- illegal possession
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24241 of 2026
Arising Out of PS. Case No.-288 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Vikki Kumar S/o Hitesh Singh Resident of Village - Tegachhi, P.S. -
Chautham, Dist .- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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 read with Section 25(1-B)a, 26 and 35 of the
Arms Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 15 liters of liquor along with two country made
pistols and three live cartridges from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession, but then he came
to be implicated merely for the reason that he is son of Hitesh
Patna High Court CR. MISC. No.24241 of 2026(2) dt.18-04-2026
2/2
Singh at the instance of local Chowkidar.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that it is not a case
only alleging recovery of liquor rather allegation is of recovery
of two country made pistols along with three live cartridges, as
such, the allegations are required to be investigated and
interrogation of the petitioner is also required.
6. Considering the submissions made by the learned
APP for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner.
7. Accordingly, the instant anticipatory bail
application stands rejected.
(Satyavrat Verma, J)
Rishabh/-
U T
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