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Patna High Court

Vikash Kumar@Vikash MandalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

Vikash Kumar, owner‑driver of a tanker, was implicated in an excise case for the alleged possession of 1,470.240 litres of illicit liquor recovered from the roof of his vehicle. He applied for anticipatory bail, claiming innocence and that the liquor was placed on the tanker by an unknown person while he was away. The petitioner’s counsel argued lack of criminal antecedents and that the liquor was not found inside the tanker. The court considered the seriousness of the offence, the large quantity seized, and a Full Bench precedent (Ram Vinay Yadav v. State of Bihar). Finding the allegations substantial, the court declined to extend anticipatory bail and dismissed the petition.

Issues considered

  • Whether anticipatory bail under Section 438 CrPC should be granted to the petitioner in view of the alleged offence under the Bihar Prohibition & Excise Act, 2016.
  • Whether the recovery of illicit liquor from the roof of the tanker is sufficient to infer the petitioner’s participation in the offence.
  • Whether the Full Bench judgment in Ram Vinay Yadav v. State of Bihar is applicable to the present case.

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • Criminal Procedure Code
  • Full Bench precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38772 of 2025
                    Arising Out of PS. Case No.-2333 Year-2024 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Vikash Kumar@Vikash Mandal S/o Brahmdeo Mandal Resident of Village-
                 Lakhankiyari, PS- Sono, District- Jamui

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s             :        Mr.Shanti Bhushan Singh
                 For the Opposite Party/s         :        Mr.Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   07-04-2026      1. Heard the parties.

                     2. The petitioner apprehends his arrest in connection with

                   Excise P.S. Case No. 2333 of 2024 dated 24.12.2024 registered

                   for the offence under Section 30(a) / 32(3) of the Bihar Prohibi-

                   tion & Excise Act, 2016.

                     3. As per the F.I.R. a total quantity of 1470.240 liters of Indian

                   Make Foreign Liquor has been recovered from a six wheeler

                   Ashok Leyland Tanker bearing Registration No. BR01GD-4112.

                     4. Learned counsel for the petitioner submits that petitioner is

                   innocent and he has falsely been implicated in this case by the

                   Police due to oblique motive. He further submits that recovery

                   has been made from the roof of the tanker and illicit liquor has

                   not been recovered from inside the tanker. He next submits that

                   the petitioner parked his tanker on the N.H. Road and went to
               Patna High Court CR. MISC. No.38772 of 2025(3) dt.07-04-2026
                                                           2/2




                         have his meal at Line Hotel in the meantime some unknown

                         person kept illicit liuqor on the roof of the tanker. The petitioner

                         has no criminal antecedent.

                           5. Regard being had to the submissions advanced by the

                         parties, taking into consideration the nature of allegation, the

                         fact that the petitioner is the owner cum driver of the vehicle in

                         question, huge quantity of illicit liquor to the tune of 1470.240

                         liters has been recovered and in view of Full Bench judgment

                         rendered in Cr. Appeal (SJ) No. 431 of 2019 (Ram Vinay Yadav

                         versus The State of Bihar), I am not inclined to extend the

                         privilege of anticipatory bail to the petitioner. The same is

                         rejected.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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