Patna High Court
Vijay Kumar @ Vijay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail is allowed, subject to the conditions imposed by the Court.
Summary
The petitioner, Vijay Kumar, sought anticipatory bail fearing arrest in a case (Benipatti P.S. Case No. 102 of 2023) involving offences under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he had sold the tempo in 2015 and was falsely implicated, asserting no case existed against him under the Excise Act. The State opposed the bail. The High Court, after hearing both sides, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, compliance with Section 438(2) of the CrPC and Section 482 of the Bihar Negotiable Securities Act, a Rs.25,000 donation to Ramkrishna Mission, and verification that no other case is pending against him under the Excise Act. The bail bonds are to be accepted only after confirming the genuineness of the receipt and the absence of any other case. The order directs the lower court to release the petitioner on bail if arrested within four weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the pending case under IPC and the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Negotiable Securities Act — s. 482
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482
- bail conditions
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26621 of 2026
Arising Out of PS. Case No.-102 Year-2023 Thana- BENIPATTI District- Madhubani
======================================================
Vijay Kumar @ Vijay Kumar Singh S/O Late Dharm Deo Singh R/o Village-
Kamrathu, P.S- Gayghat, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gagan Kumar Yadav, Advocate
Mr.Ravi Prakash, Advocate, Advocate
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Benipatti P.S. Case No. 102 of 2023 registered
for the offence under Sections 272, 273 and 34 of the I.P.C. and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, petitioner is the ex-
owner of the tempo from which total 180 litre of Nepali Saufi
liquor is recovered.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the
petitioner has sold the vehicle in the year 2015, but the name of
Patna High Court CR. MISC. No.26621 of 2026(2) dt.06-05-2026
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the petitioner is still mentioned in the R.C. Petitioner claims that
there is no case against him under the Bihar Prohibition and
Excise Act.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 the learned Exclusive
Special Judge, Excise, Madhubani/ concerned Court below in
connection with Benipatti P.S. Case No. 102 of 2023, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramkrishna Mission Ashrama, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
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9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify whether the petitioner
has any case registered against him under the Bihar Prohibition
and Excise Act. The bail bonds of the petitioner shall only be
accepted if it is found that there is no such case registered
against him under the Bihar Prohibition and Excise Act.
(Sandeep Kumar, J)
tusharika/-
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