Patna High Court
Vikram Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to conditions and verification of their criminal antecedents.
Summary
The petitioners, Vikram Kumar Singh and Aman Kumar Rathore, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for the alleged recovery of 153.5 litres of liquor from a motorcycle and an animal shed. They argued they have clean antecedents, were not in possession of the liquor at the time of arrest, and that ownership of the vehicle does not imply participation in the offence. The State opposed the bail, contending the petitioners were involved in the illegal possession. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties, subject to verification of the petitioners' criminal antecedents under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the seized vehicle implicates the petitioner in the alleged offence.
- Whether the petitioners' clean antecedent status warrants the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor seizure
- vehicle ownership
- clean antecedent
- Bihar Prohibition Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42499 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
1. Vikram Kumar Singh S/O Late Ram Sevak Singh R/O Village - Korigama,
P.S - Baheri, District - Darbhanga
2. Aman Kumar Rathore S/O Ranjan Singh @ Ranjan Kumar Singh R/O
Village - Korigama, P.S - Baheri, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishor Prasad, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioners and Mr.
Chandra Bhushan Prasad, learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 153.5 litres of liquor from two places i.e. 18 litres of
liquor from a motorcycle and 135.5 litres of liquor from an
animal shed.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession nor the animal shed
Patna High Court CR. MISC. No.42499 of 2026(2) dt.01-07-2026
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belongs to them but then petitioner no. 2 came to be implicated
based on the fact that he is owner of the seized vehicle. It is
further submitted that no prudent person would use his own
vehicle for committing an occurrence and, thus, would create
evidence against himself and, hence, would get implicated. It is
next submitted that petitioner no. 2 was completely unaware that
his friend would misuse the vehicle in the manner as alleged
who also fled from the spot and petitioner no. 1 came to be
implicated at the instance of the Chawkidar with whom he is on
an inimical term. It is also submitted that if the Chawkidar was
aware of the involvement of the petitioners in the occurrence
then why he did not inform the police prior to the institution of
the instant FIR which casts an aspersion on the case of the
prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees Five Hundred) each with two sureties of the
Patna High Court CR. MISC. No.42499 of 2026(2) dt.01-07-2026
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like amount each to the satisfaction of the learned Trial Court
where the case is pending/Successor Court in connection with
Baheri P.S. Case No. 49 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioners
and if it is found that petitioners have antecedent of even one
case, it would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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