Patna High Court
Bikseh Kumar @ Vikas Yadav @ Vikesh Rai @ Vikesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Bikseh Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(c) of the Bihar Excise Act and Sections 112(2) and 3(5) of the Bihar Narcotic Substances Act, alleging that the alleged liquor recovery and vehicle seizure were made from a third party's premises and based solely on a confessional statement of that third party. He contended that he had no possession of the seized items, was not the owner of the vehicle, and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs. 25,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent; if more than five prior cases are found, the bail will not be confirmed. The order also directed the trial court to verify the antecedent within six weeks. The bail is therefore provisional and may be confirmed or set aside after verification.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the excise and narcotic case.
- Whether a confessional statement of a co‑accused made in police custody can form the basis for implicating the petitioner.
- Whether the petitioner’s alleged antecedent of five prior cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 30(c)
- Bihar Narcotic Substances Act — s. 112(2), 3(5), 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- bail conditions
- Bihar Excise Act
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41538 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- BARGAINIA District- Sitamarhi
======================================================
Bikseh Kumar @ Vikas Yadav @ Vikesh Rai @ Vikesh Yadav S/O Bachchu
Yadav @ Bachcha Ray R/O Village - Masha Aalam, P.S- Bairgania, Dsitt.-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 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 offences punishable under Section 30(a)(c) of
the Bihar Excise Act and Sections 112(2) and 3(5) of BNS.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 705.9 litres of liquor from the house
and orchard of Ranjit and a motorcycle was seized and 207
litres of liquor was recovered from another motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
Patna High Court CR. MISC. No.41538 of 2026(2) dt.03-07-2026
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the seized vehicle and even the alleged recovery is from a place
which does not belong to the petitioner and petitioner has no
concern or relation with Ranjit and he came to be implicated
based on confessional statement of Ranjit in police custody
which does not have any evidentiary value. It is further
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation.
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, 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.
25,000/- (Rupees Twenty-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
Bairgania P.S. Case No. 49 of 2026, subject to the conditions as
laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.41538 of 2026(2) dt.03-07-2026
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than five cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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