Patna High Court
Vikash Kumar @ Uttam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Vikash Kumar sought anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of 14.625 litres of liquor from a paddy field not belonging to him. He contended that the recovery was not from his conscious possession and that the complaint was motivated by an inimical relationship with the chawkidar who lodged the FIR. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. It directed that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the context of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the circumstances of recovery and the alleged hostility of the complainant justify granting bail.
- Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail bond
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- police recovery
- chawkidar hostility
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30904 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- NASRIGANJ District- Rohtas
======================================================
Vikash Kumar @ Uttam Kumar @ Shree Mata Son of Satyendra Singh
Resident of Village - Itimha, Police Station - Nasriganj, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case as would manifest from the
supplementary affidavit and allegation is of recovery of 14.625
litres of liquor from a paddy field.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of the Chawkidar
with whom he is on an inimical term. It is next submitted that if
Patna High Court CR. MISC. No.30904 of 2026(2) dt.07-05-2026
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the Chawkidar was aware of the involvement of the petitioner in
the occurrence then why he did not inform the police prior to the
institution of the instant FIR which casts an aspersion on the
case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let 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.5,000/- (Rupees
Five Thousand) 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 Nasriganj P.S. Case
No. 78 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.30904 of 2026(2) dt.07-05-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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