Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted anticipatory bail to the petitioner subject to strict conditions, exercising its inherent powers under Section 482(2) of the CrPC.
Summary
Vikash Kumar sought anticipatory bail after being implicated in a case (P.S. Case No. 47 of 2026) for alleged possession of 54 litres of country-made liquor recovered from the courtyard of Rajesh Kumar Kamat, under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed innocence, stating that no liquor was found in his possession or residence and that the recovery was from Kamat’s premises. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with several conduct conditions, invoking its inherent powers under Section 482(2) of the CrPC. The order also stipulated cancellation of bail for non‑cooperation, tampering with evidence, or involvement in similar offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the inherent powers of the High Court in view of the allegations under the Bihar Prohibition and Excise Act, 2018.
- Whether the petitioner’s claim of innocence and lack of direct recovery of liquor from his possession warrants bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 41
- Criminal Procedure Code (CrPC) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- Section 30
- Section 41
- Section 482
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32610 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- Patarghat District- Saharsa
======================================================
Vikash Kumar S/o Ratan Mahato R/o Village- Patarghat, Ward No.8, P.S-
Patarghat, Dist- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
Patarghat P.S. Case No. 47 of 2026 dated 25.02.2026, registered
for the offence punishable under Sections 30(a) and 41 of the
Bihar Prohibition and Excise Act, 2018.
3. The allegation is of recovery of 54 litres of country
made liquor from the courtyard of Rajesh Kumar Kamat.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is submitted that nothing has been recovered either from
the conscious possession of the petitioner or from his house,
rather, the said illicit liquor has been recovered from the
courtyard of Rajesh Kumar Kamat, who disclosed the name of
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the petitioner. Lastly, it has been submitted that the petitioner
has one criminal case against him.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Patarghat P.S. Case
No. 47 of 2026, he shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge-(Excise)-I, Saharsa, subject to
condition as laid down under Section 482(2) of B.N.S.S. as also
to the following conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
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is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
(Khatim Reza, J)
prabhat/-
U T
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