Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
Vikash Kumar, owner of a vehicle allegedly used by his brother to transport 540 ml of illicit liquor, faced arrest under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, asserting a clean antecedent and offering to donate Rs.10,000 to charity without admitting guilt. The State opposed the bail. The Patna High Court, considering the facts and the petitioner's clean record, granted anticipatory bail subject to conditions including a Rs.10,000 deposit to Ramakrishna Mission, monthly attendance at the police station, and verification of his antecedent. The court emphasized that its observations were prima facie and not a determination on the merits of the case. The bail bonds were to be secured with two sureties of equal amount.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in a case of alleged transport of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Negotiable Sale and Settlement (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38297 of 2026
Arising Out of PS. Case No.-183 Year-2026 Thana- BUDDHACOLONY District- Patna
======================================================
Vikash Kumar son of Awadhesh Kumar Thakur Resident of Village -Deoria
Kothi (Dharaphari) PS -Paru District- Muzaffarpur P/A- Resident of village-
North Mandiri Near Lal Kirana Store, Renter of Suma Kumar Sinha, Ps-
Buddha Colony, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Buddha Colony P.S. Case No. 183 of 2026 registered for
offences under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution case, 540 ml of illicit liquor
was recovered from the vehicle in question.
4. Learned counsel for the petitioner submits that the
petitioner is the owner of the said vehicle, which was allegedly
being used by his brother for transporting illicit liquor. It is
further submitted that the petitioner has a clean antecedent. He
further submits that the petitioner is ready to donate Rs. 10,000/-
Patna High Court CR. MISC. No.38297 of 2026(2) dt.17-06-2026
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(Rupees Ten Thousand Only) in some charitable organization
without accepting his guilt.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties
of the like amount each to the satisfaction of learned concerned
Court below in connection with Buddha Colony P.S. Case No.
183 of 2026 subject to the conditions as laid down under
Section 482(2) of the BNSS and with further condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 10,000/- (Rupees Ten
Thousand Only) 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.
(ii). The petitioner is directed to
Patna High Court CR. MISC. No.38297 of 2026(2) dt.17-06-2026
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mark his attendance at Buddha Colony
Police Station on every 1st Sunday of each
month. Failure to do so, will result in
cancellation of bail bond of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
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