Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail was granted subject to bond, sureties, and conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Vikash Kumar, applied for anticipatory bail in a case where 30 litres of illicit liquor were seized under Section 30(a) of the Bihar Prohibition and Excise Act. He was identified by a local chaukidar as the person who fled the scene, but he claims he is falsely implicated, has no ownership of the seized liquor, and that the search and seizure did not follow Section 103 of the B.N.S.S. The State opposed the bail. The court examined the facts, noted the petitioner’s lack of criminal antecedent, and the alleged procedural irregularities, and ordered that he be released on bail if arrested within six weeks, upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged false implication and procedural lapses.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- procedural lapse
- search and seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34833 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- DAWATH District- Rohtas
======================================================
Vikash Kumar son of Vidrangi Singh @ Bajrangi Singh Resident of village-
Bodarhi, Ps- Dawath, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, A.P.P.
======================================================
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 through video-
conferencing.
2. This application for anticipatory bail arises out of
Dawath P.S. Case No. 38 of 2026, registered for the offence
punishable under Sections 30(a) of Bihar Prohibition and Excise
Act.
3. As per the allegation, altogether, 30 liters of illicit
liquor is said to have been recovered from a ‘Khalihan’. The
petitioner was identified by the local Chaukidar to be the person
who fled away from the place of seizure.
4. Learned counsel for the petitioner has submitted
that the petitioner has been falsely implicated in this case. It has
further been submitted that petitioner is not the owner of the
Patna High Court CR. MISC. No.34833 of 2026(2) dt.20-05-2026
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place from where the alleged recovery has been made and it is
an open space which is accessible to all. It has further been
submitted that the petitioner has enmity with the local
Chaukidar and his name has falsely been implicated in this case.
It has further been submitted that the procedure of search and
seizure as prescribed under Section 103 of the B.N.S.S. has not
been followed. It has lastly been submitted that the petitioner
has got no criminal antecedent.
5. Learned counsel for the State opposed the prayer of
anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge, Excise Court No.I, Rohtas
at Sasaram in connection with Dawath P.S. Case No. 38 of
2026, subject to the conditions as laid down under Section
482(2) of the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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