Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
Vikash Kumar, the owner of a motorcycle from which 95 litres of illicit liquor was seized, faced arrest under Section 30(a) of the Bihar Prohibition and Excise Act in Patepur P.S. Case No. 154 of 2023. He applied for anticipatory bail, asserting his innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the application. The Court, after considering the facts and the petitioner's submission, granted anticipatory bail subject to a Rs. 10,000 bail bond with two sureties, a mandatory donation of Rs. 25,000 to the Ramakrishna Mission Sevashrama, and a requirement to attend the Sarai Police Station on the first and third Sundays of each month. The order also clarified that its observations were prima facie and not to influence the trial. The bail was conditioned under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, Section 30(a).
- Whether the Court may impose a monetary donation as a condition of anticipatory bail.
- Whether the attendance requirement at the police station is a valid condition for anticipatory bail.
Legislation cited
- Bihar Negotiable Sale and Settlement (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32549 of 2026
Arising Out of PS. Case No.-154 Year-2023 Thana- PATEPUR District- Vaishali
======================================================
Vikash Kumar S/O Sunil Prasad Singh R/O village - Shambhupur Koari, P.S.-
Sarai, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramadhar Shekhar
For the Opposite Party/s : Ms. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Patepur P.S. Case No. 154 of 2023 registered for offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The petitioner is the owner of the motorcycle from
which the 95 liters of illicit liquor was recovered and one
Gautam Kumar was arrested.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
He further submits that co-accused Gautam Kumar has already
been granted regular bail by this Court vide order dated
19.08.2023 in Cr. Misc. No. 50173 of 2023. He further submits
that the petitioner is ready to donate Rs. 25,000/- (Rupees
Patna High Court CR. MISC. No.32549 of 2026(2) dt.19-06-2026
2/3
Twenty Five Thousand Only) in some charitable organization
without accepting his guilt.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned concerned
Court below in connection with Patepur P.S. Case No. 154 of
2023 subject to the conditions as laid down under Section
482(2) of the BNSS and with further condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Mission
Sevashrama, Swami Vivekananda Path, Bela,
Muzaffarpur, Bihar 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.
(ii). The petitioner is directed to
Patna High Court CR. MISC. No.32549 of 2026(2) dt.19-06-2026
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mark his attendance in Sarai Police Station
on every 1st and 3rd Sunday of each month.
Failure to do so, will result in cancellation
of bail bond of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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