Patna High Court
Vikash Kumar @ Vikash Kumar Singh @ Bikash Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Vikash Kumar, the owner of a motorcycle from which 21.6 litres of illicit country-made liquor was seized, sought anticipatory bail under the Bihar Prohibition and Excise Act, Section 30(a). The prosecution alleged that the seizure was based on secret information and that the petitioner, as the vehicle owner, was implicated. The petitioner argued he had no criminal antecedent, the liquor was not in his possession, and relied on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which allows anticipatory bail despite the bar in Section 76(2) when no offence is made out. The State opposed the bail, emphasizing ownership of the vehicle. The Court, considering the lack of possession, clean record, and the cited precedent, granted anticipatory bail with a bond of Rs.10,000 and several conditions, reserving the right to cancel the bail if the petitioner is later found to have a criminal antecedent.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the petitioner is merely the owner of the vehicle and no offence is made out against him.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of illicit liquor
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37673 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- AMBA District- Aurangabad
======================================================
Vikash Kumar @ Vikash Kumar Singh @ Bikash Kumar Singh S/o Late
Baijnath Singh Resident of Village - Mahuari, P.S.- Hussainabad, District -
Palamu (Jharkhan)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 01-07-2026 Heard Mrs. Leelawati Kumari, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Amba P.S. Case No. 03 of 2026 for the offence
under sections 30(a) of the Bihar Prohibition and Excise Act
lodged on 09.01.2026 by the informant, Aurangzeb Khan.
3. As per the prosecution story, the Police, on secret
information, intercepted a motorcycle and from it,
recovered/seized 21.6 liters of country made liquor. Shivam
Kumar and Tanmay Singh were arrested and the petitioner is the
owner of the motorcycle which led to the FIR.
4. Learned counsel for the petitioner submits that only
because he owns the vehicle, stands implicated, the petitioner do
Patna High Court CR. MISC. No.37673 of 2026(2) dt.01-07-2026
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not have any criminal antecedent and it was handed over to his
relative, Shivam Kumar who was caught alongwith the liquor.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that he
owns the vehicle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession and he has no criminal antecedent, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
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9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of Court concerned in connection with Amba P.S.
Case No. 03 of 2026 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear 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
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
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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;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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