Patna High Court

Vikram 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 bail bond, sureties and compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Vikram Kumar sought anticipatory bail after the police registered a case (Singhwara P.S. No. 143/2025) alleging that 296.25 litres of liquor were recovered from a tempo he owned, invoking Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, having no knowledge of the goods loaded in the vehicle and no prior criminal record. He also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, which mandates certain procedural safeguards. The State opposed the bail, insisting that the case warranted detention. The Court examined whether a prima facie case existed and whether the statutory requirements for anticipatory bail were satisfied. It granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs. 15,000 with two sureties, and complies with the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

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

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 103
Section 482(2)
liquor seizure
vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4207 of 2026
                   Arising Out of PS. Case No.-143 Year-2025 Thana- SINGHWARA District- Darbhanga
                 ======================================================
                 Vikram Kumar Son of Ishwar Sahni R/o Village - Budhnagar Adi Gopalpur,
                 P.S. - Bouchaha, Dist. - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kumar Praveen, Advocate
                 For the Opposite Party/s :      Mr. Nityanand Tiwary, 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 Singhwara P.S. Case No. 143/2025 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 296.25

                   litres of liquor was recovered from tempo.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.It is

                   further submitted that the name of the petitioner has transpired

                   as being the owner of the vehicle in question and has no

                   knowledge regarding the goods loaded in the vehicle. Petitioner
             Patna High Court CR. MISC. No.4207 of 2026(2) dt.30-01-2026
                                                         2/2




                       has no concern with the alleged recovery. Learned counsel,

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

                       against the petitioner. The other co-accused person has already

                       been granted bail by this court vide order dated 23.07.2025

                       passed in Cr. Misc. No. 47366/2025. The petitioner has no

                       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 lower court 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 Singhwara P.S. Case

                       No. 143/2025, 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

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