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Patna High Court

Vicky KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to conditions and verification of their criminal antecedents.

Summary

The petitioners, Vicky Kumar and Sunil Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that the liquor was recovered from a river bank not belonging to them and that they were implicated solely on secret information without proper investigation. The petitioners disclosed prior excise cases—one for Vicky and two for Sunil—and argued that no possession was found at the time of arrest. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a Rs.10,000 bail bond with two sureties, a six‑week period for surrender, and verification of the petitioners' criminal antecedents, with the bail to be confirmed or cancelled based on that verification. The court also directed the petitioners to deposit Rs.2,500 with the Patna High Court Advocate Association. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act, 2016.
  • Whether the alleged recovery of liquor from a public river bank and the reliance on secret information justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • secret information
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Cr.P.C. Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2485 of 2026
                         Arising Out of PS. Case No.-770 Year-2018 Thana- FATUA District- Patna
                 ======================================================
           1.     Vicky Kumar S/o Anil Rai @ Anil Yadav R/o Village- Bhagwanpur, PS-
                  Fatuha, Distt- Patna
           2.     Sunil Kumar @ Jatti @ Jethi S/o Late Akhilesh Rai R/o Village-
                  Bhagwanpur, PS- Fatuha, Distt- Patna
                                                                     ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case under the Excise Act

                   and petitioner no. 2 has antecedent of two cases under the

                   Excise Act and allegation is of recovery of 300 litres of liquor

                   from the bank of Punpun River.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.2485 of 2026(2) dt.27-01-2026
                                            2/3




          recovery is from a place which does not belong to the

          petitioners and is accessible to villagers at large. It is further

          submitted that petitioners came to be implicated based on the

          secret information which is the easiest way to implicate

          someone. It is next submitted that once an accused is implicated

          in a case relating to excise the police start implicating

          mechanically either at the instance of the Chawkidar, local

          person, confessional statement or secret information without

          holding a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners above-named, in

          the event of their 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.10,000/- (Rupees Ten 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 Fatuha

          P.S. Case No. 770 of 2018, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial
           Patna High Court CR. MISC. No.2485 of 2026(2) dt.27-01-2026
                                                       3/3




                     court shall verify the criminal antecedent of the petitioners and

                     if it is found that petitioner no. 1 has antecedent of more than

                     one case and petitioner no. 2 has antecedent of more than two

                     cases, it would be presumed that petitioners had concealed their

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner no. 1 has antecedent of only one case and petitioner

                     no. 2 has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioners

                     based on instruction submits that petitioners undertake to

                     deposit an amount of Rs.2,500/- with the Advocate Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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