Patna High Court
Vikash kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
Vikash Kumar was implicated in an excise case for possession of 240 litres of illicit liquor, with his name appearing in a co-accused's statement. He pleaded innocence, asserted a clean record, and offered to donate Rs. 25,000 to a charitable institution. The High Court, considering his claim and the donation offer, granted anticipatory bail under Section 438(2) of the CrPC and Section 482 of the BNSS, subject to a bail bond of Rs. 10,000 with two sureties, verification of his antecedents, a Rs. 25,000 deposit to the Ramakrishna Mission, and regular attendance at the police station. The order expressly limited its effect to the bail application and did not prejudice the merits of the trial. The bail bonds may be cancelled if the petitioner fails to comply with the conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC and Section 482 BNSS in view of the allegations under the Bihar Prohibition and Excise Amendment Act.
- Whether the condition of a charitable donation and verification of antecedents is permissible while granting bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32(3), 45
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- illicit liquor
- Section 438 CrPC
- Section 482 BNSS
- charitable donation condition
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38140 of 2026
Arising Out of PS. Case No.-102 Year-2026 Thana- EXCISE MASAUDHI District- Patna
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Vikash kumar son of Late Lalbabu yadav Resident of Village- Kumharar
Gobar Toli P.S- Agamkaun Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad, Advocate
For the State : Ms.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends arrest in connection with
Excise P.S. Masaurhi Case No. 102 of 2026 registered for the
offence under Sections 30(a), 32(3) and 45 of the Bihar
Prohibition and Excise Amendment Act.
3. As per the prosecution case, the recovery is of 240
liters of illicit liquor from the motorcycle. The name of the
petitioner has come in the statement of the co-accused.
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. The petitioner claims clean
antecedents.
5. Learned counsel for the petitioner submits that
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the petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Considering the aforesaid fact, 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 learned Special
Excise Judge-II, Patna/ concerned Court below in connection
with Excise P.S. Masaurhi Case No. 102 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 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.
9. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
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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.
10. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Agamkuan Police Station, District-Patna on the
first and third Sunday of each month. Any default in appearance
at the police station will result in cancellation of bail bonds of
the petitioner.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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