Patna High Court
Vikash Kumar @ GuddiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to specified conditions and verification of his antecedent.
Summary
The petitioner, Vikash Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 59,400 litres of liquor and seizure of a motorcycle from land not owned by him. He argued that nothing was found in his conscious possession and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The Court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties, verification of his criminal antecedent, and a deposit of Rs.1,500 with the Advocate Association. If verification shows more than one prior case, the bail will not be confirmed; if only one, it will be confirmed. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the alleged seizure of liquor and a motorcycle from a location not owned by the petitioner justifies denial of bail.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- seizure of property
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3887 of 2026
Arising Out of PS. Case No.-409 Year-2025 Thana- DINARA District- Rohtas
======================================================
Vikash Kumar @ Guddi Son of Ram Bachan Sah @ Ram Vachan Sah
Resident of Village -Rehi or Rehi Sarna or Mandir Sarna, PS -Dinara, Dist
-Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Ms. Asha Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 59.400 litres of liquor from a vacant
land of Ramayan Singh and a motorcycle was seized.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large. It is further submitted that
Patna High Court CR. MISC. No.3887 of 2026(2) dt.30-01-2026
2/3
petitioner is not the owner of the seized vehicle and came to be
implicated at the instance of the Chawkidar but then it is
submitted that once an accused is implicated in a case relating to
excise the police start implicating mechanically either at the
instance of the Chawkidar, local person, confessional statement
or secret information without holding a proper investigation of
the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5,000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Dinara
P.S. Case No. 409 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than one case,
Patna High Court CR. MISC. No.3887 of 2026(2) dt.30-01-2026
3/3
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…