Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, subject to the stipulated conditions.
Summary
The petitioner, Vicky Kumar, sought anticipatory bail in connection with a case (Bihta P.S. Case No. 883 of 2025) alleging possession of 25 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution had not apprehended the petitioner at the spot, and the petitioner claimed innocence, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and the petitioner's submission, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, a donation of Rs.25,000 to Ramakrishna Mission, regular attendance at the police station, and verification that the petitioner is not an accused under the NDPS Act. The court emphasized that its observations were prima facie and limited to the bail application, not affecting the trial's merits. The order directed the lower court to enforce these conditions upon the petitioner's surrender or arrest within four weeks.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the petitioner was not apprehended at the scene.
- Whether the conditions imposed, including a monetary donation and periodic police attendance, are permissible under law.
- Whether verification of the petitioner's status under the NDPS Act is a valid condition for granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- bail conditions
- NDPS Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37174 of 2026
Arising Out of PS. Case No.-883 Year-2025 Thana- BIHTA District- Patna
======================================================
Vicky Kumar S/O Late Om Prakash R/O Village- Ramu Bigha, P.S.- Bihta,
Distt.- Patna (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Alka Singh
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Bihta P.S. Case No. 883 of 2025 registered for offences under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 25 liters of illicit
foreign liquor were allegedly recovered from the motorcycle in
question. However, the petitioner was not apprehended on the
spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that the petitioner is not an accused in any
other case under the Excise Act. It is further submitted that the
petitioner is ready to donate Rs. 25,000/- (Rupees Twenty Five
Patna High Court CR. MISC. No.37174 of 2026(2) dt.15-06-2026
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Thousand Only) in some charitable organization without
accepting his guilt.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned concerned
Court below in connection with Bihta P.S. Case No. 883 of 2025
subject to the conditions as laid down under Section 482(2) of
the BNSS and with further condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Mission
Ashrama, Ramakrishna Avenue, Nala Road,
Patna, Bihar and produce the receipt of the
same before the Court below. The bail bonds
of the petitioner shall be accepted after
verifying the genuineness of the receipt
produced by the petitioner.
(ii). The petitioner is directed to
Patna High Court CR. MISC. No.37174 of 2026(2) dt.15-06-2026
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mark his attendance in Bihta Police Station
on every 1st and 3rd Sunday of each month.
Failure to do so, will result in cancellation
of bail bond of the petitioner.
(iii). At the time of acceptance of
the bail bonds, the court below shall verify
whether the petitioner is involved in or is an
accused in any case under the NDPS Act. If
it is found that the petitioner is not an
accused in any case under the NDPS Act
only then shall his bail bonds be accepted by
the court below.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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