Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, granting bail with specified conditions.
Summary
Vikash Kumar applied for anticipatory bail fearing arrest in a case (PS No. 23 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for alleged possession of 96 litres of illicit liquor. He asserted his innocence, claimed a clean criminal record, and offered to donate Rs. 25,000 to a charitable institution without admitting guilt. The High Court, after hearing counsel, allowed the application and granted anticipatory bail under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, subject to a bail bond of Rs. 10,000 with two sureties. Additional conditions included depositing the Rs. 25,000 with the Ramakrishna Mission, producing the receipt, monthly police‑station attendance, and verification of his antecedents. The order directs that any default or discovery of other criminal involvement will lead to cancellation of the bail.
Issues considered
- Whether anticipatory bail can be granted in the present case under Section 438(2) CrPC and Section 482 BNSS
- Whether the court may impose conditions such as a charitable donation, police‑station attendance, and verification of antecedents
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37242 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- MOHANPUR District- Samastipur
======================================================
Vikash Kumar Son of Satyanand Rai @ Mamu Resident of Village- Kala
Diyara, P.S.- Salimpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raja Ram Mishra
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Mohanpur P.S. Case No. 23 of 2026 registered
for the offence under Section 30(a) of the Bihar Prohibition and
Excise Amendment Act, 2022.
3. As per the prosecution case, the recovery is of
96 liters of illicit liquor.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
5. Learned counsel for the petitioner submits that
the petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt. He further submits that
Patna High Court CR. MISC. No.37242 of 2026(2) dt.15-06-2026
2/3
the petitioner has no criminal antecedent.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 concerned Court
below in connection with Mohanpur P.S. Case No. 23 of 2026,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Nala Road, Patna 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.
9. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Salimpur Police Station on every Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
Patna High Court CR. MISC. No.37242 of 2026(2) dt.15-06-2026
3/3
10. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.