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Patna High Court

Vikki KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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