Created by Fuzzy Cloud

Patna High Court

Vikash Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.