Patna High Court
Vikesh Ram @ Vikas Ram @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that pre‑arrest bail may be granted conditionally subject to verification that the vehicle is neither owned nor stolen, and upon furnishing a bail bond, subject to Section 482(2) of the BNSS.
Summary
The petitioner, Vikesh Ram, sought pre‑arrest bail in connection with an excise case alleging recovery of 164.460 litres of illicit liquor from a pickup van. He claimed he was falsely implicated, not the owner of the vehicle, and had no involvement in liquor trade. The State opposed the bail. The High Court directed the District Transport Officer to verify whether the vehicle was registered in the petitioner’s name or was stolen, and ordered that if it was not, the petitioner could be released on pre‑arrest bail upon furnishing a Rs 10,000 bond with two sureties, subject to Section 482(2) of the BNSS. The court also instructed verification of the petitioner’s criminal antecedents and set a four‑week period for surrender. The bail application was disposed with the conditional order.
Issues considered
- Whether pre‑arrest bail can be granted in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged non‑ownership and non‑stolen status of the vehicle justifies bail.
- Whether verification by the District Transport Officer is a prerequisite for granting bail.
- Whether Section 482(2) of the BNSS applies to the bail order.
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- excise law
- illicit liquor
- vehicle ownership
- Section 482
- bail conditions
- verification
- District Transport Officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29429 of 2026
Arising Out of PS. Case No.-459 Year-2025 Thana- Excise P.S. District- Siwan
======================================================
Vikesh Ram @ Vikas Ram @ Vikash Kumar S/o Chhote Lal Ram R/o Village
- Semariya , P.S.- Nautan, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghav Prasad, Advocate.
For the Opposite Party/s : Mr.Ahmad Ali, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Excise Siwan P.S. Case No. 459 of 2025 registered for the
offence punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 164.460 litres of illicit
liquor from a pick up van bearing Registration No.
BR11GE4303.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner has falsely been
implicated in the present case. Petitioner has no concern either
with the seized liquor or the trade of liquor in any manner. The
petitioner is not the owner of the pick up van in question. On
Patna High Court CR. MISC. No.29429 of 2026(2) dt.06-05-2026
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these grounds, the petitioner seeks to be released on pre-arrest
bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R., I find that the learned District Court under such
circumstances is required to verify from the District Transport
Officer concerned whether the pick up van is stolen one on the
basis of the Registration Number, Engine Number and Chassis
Number as mentioned in the F.I.R. If it is found that the pick up
van is not registered in the name of the petitioner and is not a
stolen one on the basis of the report of the District Transport
Officer, then in that case, the petitioner, above named, be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Excise Siwan P.S.
Case No. 459 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.29429 of 2026(2) dt.06-05-2026
3/3
7. The District Transport Officer concerned is directed
to furnish the report before the learned District Court well
within a period of two weeks. In case of failure, the learned
District Court can proceed against the District Transport Officer
in accordance with law.
8. Communicate a copy of this order to the concerned
District Transport Officer and the District Collector.
9. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
10. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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