Patna High Court
Vikash Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions, under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Vikash Kumar Sah, sought anticipatory bail in an excise case where police recovered 108 litres of illicit liquor from a motorcycle. He contended that he had sold the motorcycle to Maa Ambay Auto on 20 February 2023, providing a signed transfer form under the Motor Vehicle Act, and asserted his innocence and clean antecedent. The State opposed the bail, arguing the seizure implicated the petitioner. The court noted the sale of the vehicle, the petitioner’s lack of prior criminal record, and the circumstances of the seizure, and consequently granted anticipatory bail subject to conditions under Section 482(2) of the Bihar Narcotic and S... Act. The bail order required a bond, sureties, appearance before the trial court, and prohibitions against tampering with evidence or influencing witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged seizure of illicit liquor from a vehicle he had sold.
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
- Whether the petitioner’s clean antecedent and the sale of the vehicle justify bail under Section 482(2) of the B.N.S.S.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Motor Vehicle Act — s. Rule 55
Subjects
- anticipatory bail
- excise offence
- illicit liquor
- motor vehicle transfer
- Section 30(a)
- Section 482(2)
- Bihar Prohibition and Excise Amendment Act
- Motor Vehicle Act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33764 of 2026
Arising Out of PS. Case No.-20 Year-2024 Thana- BHIMPUR District- Supaul
======================================================
Vikash Kumar Sah S/O Mahendra Prasad Sah R/O Village-Sirsiya
Hanumanganj, P.S.-Bhargama, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Shadab Alam Wazdi, Adv.
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State through virtual mode.
2. The petitioner is apprehending his arrest in connection
with S.T. Excise No. 196 of 2024 arising out of Bhimpur P.S.
Case No. 20 of 2024 dated 19.02.2024 registered for the offence
punishable under Section/s 30(a) of the Bihar Prohibition and
Excise Amendment Act, 2018.
3. As per the prosecution case, the police have recovered
total 108 liters of illicit Nepali Desi Dilwale Sophie liquor from
the motorcycle bearing Regd. No. BR38H3412.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
instant case. It is next submitted that the motorcycle, from
which alleged recovery of seized article has been made by the
Patna High Court CR. MISC. No.33764 of 2026(2) dt.20-05-2026
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police, was sold out by the petitioner to Maa Ambay Auto and
the agreement and statutory form-29 for transfer of vehicle, duly
signed by this petitioner as per Rule 55 of the Motor Vehicle
Act, have also been appended with the instant anticipatory bail
application to show his bonafide that the petitioner is in no way
connected with the allegations and, as also, the seizure so made.
It is lastly submitted that the petitioner has clean antecedent and
whatever allegation is leveled against this petitioner is
attributable to the owner of Maa Ambay Auto, who is said to
have entered into an agreement on 20th February, 2023.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that the motorcycle from which the
recovery is said to have been made was sold out to the owner of
Maa Ambay Auto on 20th of February, 2023 and, as also, the
petitioner having no criminal antecedent, let the petitioner,
above named, be released on anticipatory bail in the event of his
arrest or surrender before the court below within a period of four
weeks from today 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 Judge-1,
Patna High Court CR. MISC. No.33764 of 2026(2) dt.20-05-2026
3/3
Supaul in connection with S.T. Excise No. 196 of 2024 arising
out of Bhimpur P.S. Case No. 20 of 2024, subject to the
condition as laid down under Section 482(2) of the B.N.S.S. as
well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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