Patna High Court
Vikash kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Vikash Kumar Satya Narayan Rai, sought anticipatory bail after the police recovered 576 litres of illicit liquor from a vehicle parked near his residence and implicated him under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was neither the driver nor the owner of the car and that no incriminating material was found in his possession, emphasizing his lack of prior criminal record. The State opposed the bail application, arguing the proximity of the vehicle to the petitioner’s dwelling warranted his arrest. The Court examined the facts and concluded that the petitioner’s connection to the alleged offence was tenuous. Accordingly, the Court granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs 10,000 with two sureties. The bail was conditioned on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the recovery of illicit liquor near his residence
- Whether the petitioner’s lack of ownership or possession of the vehicle negates the basis for arrest
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 482(2)
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41327 of 2026
Arising Out of PS. Case No.-126 Year-2026 Thana- PATEPUR District- Vaishali
======================================================
Vikash kumar Satya Narayan Rai @ Opi Ray R/o vill- Simarwara (Durgapur),
P.S.- Patepur, Distt- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 576 litres illicit liquor was
recovered from the seized car bearing registration no.
BR01B8444, parked near the Dalan of this petitioner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question and he has been made accused
merely because the seized car was parked near his Dalan.
Petitioner has got no concern with the alleged recovery.
Petitioner has got no criminal antecedent of similar nature.
Patna High Court CR. MISC. No.41327 of 2026(2) dt.06-07-2026
2/2
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No.2-cum-District and Additional Sessions Judge,
Vaishali at Hajipur in connection with Patepur P. S. Case No.
126 of 2026, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay-
U T
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