Patna High Court
Viccky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied.
Summary
The petitioner, Viccky Kumar, was named in an FIR for alleged illegal possession of 25.345 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He sought anticipatory bail, claiming innocence and that his name was linked only through co-accused confessional statements, while the State highlighted his pending criminal case under the Excise Act. The court examined the relevance of the pending case and the nature of the evidence against the petitioner. Considering the petitioner’s criminal antecedent and the seriousness of the alleged offence, the court declined to grant anticipatory bail. However, the court directed that if the petitioner surrenders within four weeks, the trial court should promptly decide on his surrender‑cum‑bail application on its merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in light of the pending criminal case and the nature of the alleged offence
- Whether the confessional statements of co‑accused are sufficient to justify denial of bail
Legislation cited
Subjects
- anticipatory bail
- criminal antecedent
- illicit liquor
- Bihar Prohibition and Excise Act
- confessional statement
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42080 of 2026
Arising Out of PS. Case No.-252 Year-2026 Thana- MANER District- Patna
======================================================
Viccky Kumar Son of Ramnath Rai Resident of Village- Maner Tola, P.S.-
Maner, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoranjan Kumar, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Maner P.S. Case No. 252 of 2026 lodged on 16.03.2026,
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022, pending in the
Court of Special Excise Judge, Danapur, Patna.
3. As per the prosecution, FIR has been lodged against
08 named accused persons including the present petitioner and
owner of a motorcycle. Total recovery of 25.345 litres of illicit
liquor has been made, which is the subject matter of the present
case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
Patna High Court CR. MISC. No.42080 of 2026(2) dt.01-07-2026
2/2
possession of the petitioner and his name has figured in this case
on the basis of confessional statement of co-accused persons. He
further submits that the criminal antecedent of the petitioner is
not clean as there is one case pending against him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean as there is one case pending against
him which is registered under Excise Act and this aspect must
be taken into consideration.
6. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner stands rejected.
7. However, if petitioner surrenders before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on his
surrender-cum-bail application on the same day, without being
prejudice that the anticipatory bail of the petitioner has been
rejected by this Court and the Trial Court shall pass order on the
merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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