Patna High Court
Vicky Singh @ Vicky Kumar @ Vikki SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The High Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Vicky Singh, sought anticipatory bail after being implicated in a case (Minapur P.S. Case No. 148 of 2026) for alleged possession of 226.260 litres of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the vehicle seized did not belong to him, the search violated Section 105 of the B.N.S.S., and his name was linked only through a spy's statement. The State opposed the bail, contending the material against the petitioner was sufficient. The court examined the facts, the nature of the evidence, and the possibility of arrest, and ordered that anticipatory bail be granted if the petitioner surrenders within six weeks, subject to a bail bond and sureties, under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the search and seizure conducted violated Section 105 of the B.N.S.S.
- Whether the petitioner is likely to be arrested and thus eligible for anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- search and seizure
- Section 105 B.N.S.S.
- Section 482(2) B.N.S.S.
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34792 of 2026
Arising Out of PS. Case No.-148 Year-2026 Thana- MINAPUR District- Muzaffarpur
======================================================
Vicky Singh @ Vicky Kumar @ Vikki Singh S/o Manoj Singh R/o Village-
Piparahan, PS- Minapur, (Panapur OP), Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vandana Kumari, Advocate
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN 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 a case in
connection with Minapur P.S. Case No. 148 of 2026 dated
27.03.2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation, total 226.260 litres of foreign
liquor was recovered from a Pick-up van and the accused
persons have succeeded to flee away after seeing the police
party.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in this
case. It has further been submitted that petitioner was not
arrested at the spot. It has further been submitted that the vehicle
from which alleged recoveries have been made does not belong
to the petitioner. It has further been submitted that the search
Patna High Court CR. MISC. No. 34792 of 2026(2) dt.20-05-2026
2/2
and seizure is in violation Section 105 B.N.S.S. It has further
been submitted that the name of the petitioner has transpired on
the basis of the statement of spy and has expressed suspicion
against the petitioner. It has further been submitted that
petitioner has been made accused in one another case of similar
nature, but he is on bail.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the case
as well as the nature of material against the petitioner, let the
above named petitioner, in the event of his arrest/surrender
within a period of six weeks from today, be enlarged on
anticipatory bail 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 court concerned, Muzaffarpur
in connection with Minapur P.S. Case No. 148 of 2026, subject
to conditions as laid down under Section 482(2) of the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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