Patna High Court
Vikash Kumar Panday @ Vikash Kumar Dubey @ Vikash PandayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, as the liquor was not found in his possession.
Summary
The petitioner, Vikash Kumar Panday, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 518 litres of liquor recovered. He contended that his name was listed only based on a co-accused's disclosure and that the liquor was not found in his possession; he also highlighted a pending criminal case for which he is on bail. The State opposed his anticipatory bail application. The court examined the facts and noted that the recovery did not appear to be from the petitioner's conscious possession. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was made pending the petitioner's surrender or arrest within four weeks.
Issues considered
- Whether anticipatory bail can be granted when the alleged illicit liquor was not recovered from the petitioner's possession.
- Whether the petitioner is liable under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNSS are appropriate for granting bail.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- CrPC Section 438
- BNSS Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40751 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Vikash Kumar Panday @ Vikash Kumar Dubey @ Vikash Panday Son of
Baijnath Panday @ Baijnath Dubey Resident of Village- Bhatwalia
(Panditpur), P.S.- Janta Bazar, District- Saran.
…
... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Alka Panday, Advocate
For the Opposite Party/ : Mr.Md. Nazir Ansari, APP
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Janta Bazar P.S.
Case No.122 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 518 litres of IMFL/country-made liquor.
Patna High Court CR. MISC. No.40751 of 2026(2) dt.24-06-2026
2/3
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner was arrayed solely
on the disclosure made by co-accused, who was
apprehended from the spot. It is also submitted that
recovery of illicit liquor was not made from conscious
possession of this petitioner. Explaining criminal antecedent,
it is submitted that the petitioner found involved in one
criminal case, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned 3rd Exclusive Special Excise Judge,
Saran at Chapra in connection with Janta Bazar P.S. Case
Patna High Court CR. MISC. No.40751 of 2026(2) dt.24-06-2026
3/3
No.122 of 2026, subject to the conditions as laid down
under Section 438(2) of the CrPC/under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J)
aniket/-
U T
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