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Patna High Court

Vikash Nat @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, given the absence of constructive possession and the petitioner’s clean antecedent, anticipatory bail should be granted.

Summary

The petitioner, Vikash Nat, sought anticipatory bail fearing arrest in a case (PS No.106/2022) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, involving the recovery of four litres of illicit liquor from a tempo that he did not own. He argued that he was not named in the FIR, had no constructive possession of the liquor, and was merely the driver unaware of the contents, and he has a clean antecedent. The State opposed the bail. The Court examined the facts, noted that the alleged recovery was from a vehicle not belonging to the petitioner and that he had no prior record, and consequently granted anticipatory bail subject to a bond of Rs.10,000, two sureties, and specific conditions under Section 482(2) of the BNSS. The bail order required the petitioner to appear before the trial court and prohibited tampering with evidence or committing further offences. The order was pronounced by Justice Ajit Kumar.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged recovery of illicit liquor from a vehicle not owned by him.
  • Whether the petitioner’s lack of constructive possession and clean antecedent justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • constructive possession
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33799 of 2026
                       Arising Out of PS. Case No.-106 Year-2022 Thana- NATWAR District- Rohtas
                 ======================================================
                 Vikash Nat @ Vikash Kumar S/O Vijay Nat @ Vijay Prasad R/O Village-
                 Khaira Bhudhar or Khaira Budhar, P.S- Bikramganj, Distt.- Rohtas.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Babu Nandan Prasad, Adv.
                 For the Opposite Party/s :       Mr.Bishweshwar Ram, 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.

                                2. The petitioner is apprehending his arrest in

                   connection with Natwar P.S. Case No. 106 of 2022 registered

                   on14.07.2022 for the offences punishable under Sections 30(a),

                   of the Bihar Prohibition and Excise Amendment Act, 2018.

                                3. As per the prosecution case, there has been

                   recovery of 04 litres of illicit liquor allegedly from a Tempo

                   bearing Registration No. BR26 PA 5382.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is not named in FIR and no recovery has been made

                   from his constructive possession rather it was made from the

                   tempo which does not belong to the petitioner. He has falsely

                   been implicated in this case by the owner of the said Tempo and
Patna High Court CR. MISC. No.33799 of 2026(2) dt.20-05-2026
                                            2/3




          he being the driver of the same was not aware as to what was

          kept in the Tempo. It has further been stated in the petition that

          the petitioner has got no antecedent.

                       5. On the other hand, the learned APP for the State has

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the submission of the parties and the

          fact that the alleged recovery has not been made from the

          constructive possession of the petitioner rather it has been

          recovered from tempo which does not belong to the petitioner

          and the petitioner has got clean antecedent, let the above named

          petitioner, be released on bail, in the event of his arrest or

          surrender before the learned Court below within a period of six

          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 the learned Exclusive Special Excise

          Judge-II, Sasaram, Rohtas in connection with aforesaid PS

          Case, subject to the conditions as laid down under Section

          482(2) of the BNSS 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
           Patna High Court CR. MISC. No.33799 of 2026(2) dt.20-05-2026
                                                       3/3




                                             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/her/their 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;
                                                          (iv) the petitioner(s) shall desist
                                             from committing any criminal offence again,
                                             failing which the State shall be at liberty to
                                             take steps for cancellation of their bail
                                             bonds.



                                                   (Ajit Kumar, J)
shikha/rajan

U      T


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