Created by Fuzzy Cloud

Patna High Court

Vikash Kumar @ Vikash Kumar Singh @ Bikash Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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.
Patna High Court CR. MISC. No.37673 of 2026(2) dt.01-07-2026
                                            3/4




                       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
          Patna High Court CR. MISC. No.37673 of 2026(2) dt.01-07-2026
                                                      4/4




                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.