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Patna High Court

Vijay Kumar @ Vijay Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
              Patna High Court CR. MISC. No.26621 of 2026(2) dt.06-05-2026
                                                          3/3




                                     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/-

U       T


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