Created by Fuzzy Cloud

Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with the conditions imposed under Sections 438(2) Cr.P.C. and 482(2) B.N.S.S.

Summary

Vikash Kumar applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 15 litres of liquor from a motorcycle he owned. He argued that he was not present at the spot, the liquor was not found in his possession, and he was unaware that a friend misused his vehicle. The State opposed the bail, contending that the allegations warranted arrest. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., pending verification of his criminal antecedents. The order stipulates that if more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in the context of the alleged offence under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s criminal antecedent, if more than one case, should affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • vehicle ownership
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26326 of 2026
                   Arising Out of PS. Case No.-127 Year-2025 Thana- HASAN BAZAR District- Bhojpur
                 ======================================================
                 Vikash Kumar Son of Vinod Singh Resident of Village- Dehra, P.S.-
                 Bikramganj, District- Rohtas at Sasaram
                                                                    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bachan Jee Ojha, Advocate
                 For the Opposite Party/s :      Ms. Pronoti Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026                  1. Heard learned counsel for the petitioner and Ms.

                   Pronoti Singh, learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

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

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 15 litres of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. It is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence

                   and, thus, would create evidence against himself and, hence,
Patna High Court CR. MISC. No.26326 of 2026(2) dt.24-04-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged who also fled from the spot.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees

          Five 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 Hasan Bazar P.S.

          Case No. 127 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than one

          case, it would be presumed that petitioner had concealed his

          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
           Patna High Court CR. MISC. No.26326 of 2026(2) dt.24-04-2026
                                                       3/3




                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.