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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          (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
                                                        3/3




                                              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/-

U       T


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