Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of antecedents.
Summary
Vikash Kumar, the owner of a motorcycle, was implicated in a case where 100 litres of liquor were recovered from his vehicle, although he was not arrested at the spot and claimed no conscious possession. He asserted a clean criminal record and argued that the actual misuse of the vehicle was by another individual, Munna, who was apprehended. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond and two sureties, subject to verification of the petitioner’s antecedents under Section 482(2) of the B.N.S.S. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed. The order emphasizes the need for the trial court to verify antecedents before confirming bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- prohibition act
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27153 of 2026
Arising Out of PS. Case No.-93 Year-2024 Thana- Geedha District- Bhojpur
======================================================
Vikash Kumar Son of Late Rajendra Rai @ Rajindra Ray Resident of Village-
Narayanpur Daulatpur, P.S.- Koilwar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramanuj Tiwary
For the Opposite Party/s : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 100 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and he
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 would get
Patna High Court CR. MISC. No.27153 of 2026(2) dt.23-04-2026
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implicated. It is also submitted that the petitioner was
completely unaware that Munna would misuse his vehicle in the
manner as alleged who was also apprehended from the spot
along with Nitish.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.500/- (Rupees five hundred) 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 Gidha P.S. Case No.93/2024, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.27153 of 2026(2) dt.23-04-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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