Patna High Court
Vikash Kumar@Vikash MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
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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