Patna High Court
Viket Rai @ Dipesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to surrender, bail bond, sureties and conditions under Section 482(2) of the BNS Act.
Summary
The petitioner, Viket Rai, filed an anticipatory bail application fearing arrest in a case (PS No. 107 of 2025) concerning the alleged seizure of 252 litres of Nepali liquor. He was charged under Sections 338, 336(3) and 317(5) of the Bihar Narcotic Substances (BNS) Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no criminal antecedent, was not in possession of the liquor, and was falsely implicated. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNS Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner poses a risk of fleeing or tampering with evidence
- Whether the charges under the BNS Act and the Bihar Prohibition and Excise Act warrant denial of bail
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 317(5), 336(3), 338, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28257 of 2026
Arising Out of PS. Case No.-107 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Viket Rai @ Dipesh Kumar S/o- Sonelal Rai @ Sanjay Prasad Yadav
Resident of Village- Yadopur Bakhari PS- Dhaka District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Dhaka P.S. Case No. 107 of 2025 instituted for
the offence under Sections 338, 336(3) and 317(5) of BNS and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that altogether 252
liters of Nepali country made liquor was recovered near a road.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. Nothing has been recovered from the possession of this
petitioner rather the recovery has been made from open place. A
Patna High Court CR. MISC. No.28257 of 2026(2) dt.22-06-2026
2/2
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. He has no concern
with the alleged recovery.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Dhaka P.S. Case No. 107 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 3,
Civil Court, East Champaran, Motihari subject to the conditions
as laid down under section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.