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Patna High Court

Vikash kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.38140 of 2026(2) dt.16-06-2026
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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
           Patna High Court CR. MISC. No.38140 of 2026(2) dt.16-06-2026
                                                       3/3




                     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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