Patna High Court

Vikas Nut @ Vikash KumarversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Vikas Nut, sought anticipatory bail fearing arrest in a case (Vijaipur PS Case No. 99/2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 110.5 litres of liquor from a motorcycle. The prosecution alleged his involvement, while the petitioner’s counsel argued he was falsely implicated, had no connection to the vehicle or liquor, and that other co‑accused had already been granted bail. The petition highlighted the absence of a prima facie case and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. The court, after considering the submissions, granted anticipatory bail on the condition of a Rs.15,000 bond, two sureties of equal amount, and compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether a prima facie case exists against the petitioner to deny bail.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 482(2)
Section 103
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4001 of 2026
                     Arising Out of PS. Case No.-99 Year-2025 Thana- VIJAYEPUR District- Gopalganj
                 ======================================================
                 Vikas Nut @ Vikash Kumar Son of Jitendra Nut @ Jitendra Nat Resident of
                 Village - Sukhlal Chhapar, Police Station - Vijaipur, District - Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Vijaipur P.S. Case No. 99/2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 110.500

                   litres of liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that petitioner is in no

                   manner connected with the vehicle in question or with the

                   alleged recovery of liquor. The other co-accused persons have

                   already been granted bail by this court vide order dated
             Patna High Court CR. MISC. No.4001 of 2026(2) dt.30-01-2026
                                                         2/2




                       17.06.2025 passed in Cr. Misc. No. 36930/2025. Learned

                       counsel, therefore, submitted that prima-facie, no case is made

                       out against the petitioner. The petitioner has one criminal

                       antecedent. There is no compliance of Section 103 of the

                       Bharatiya Nagarika Suraksha Sanhita, 2023.

                                   5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                    6. Considering the aforesaid facts and circumstances

                       of the case, let the petitioner above named, in the event of

                       arrest/surrender before the learned Court below within a period

                       of six weeks from today, be released on anticipatory bail on

                       furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                       with two sureties of the like amount each to the satisfaction of

                       Court below/concerned Court in connection with Vijaipur P.S.

                       Case No. 99/2025, subject to the conditions as laid down under

                       Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                       2023.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T

Continue reading with your account

Checking your session…