Patna High Court
Vikash Kumar RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, directing release on bond and sureties subject to Section 482(2) conditions.
Summary
The petitioner, Vikash Kumar Roy, was not named in the FIR but was implicated in a case involving the alleged illegal manufacture and trade of illicit liquor, with 6,831 litres seized from a truck. The petitioner argued that the seizure was not made from his conscious possession and that the only link to him was the truck driver’s disclosure of his phone number. He also highlighted the lack of independent witnesses and his clean antecedent. The Additional Public Prosecutor opposed his anticipatory bail. Considering the prima facie lack of possession and the petitioner’s clean record, the High Court directed that he be released on bail upon furnishing a bond and sureties, subject to conditions under Section 482(2) of the CrPC. The order effectively granted anticipatory bail to the petitioner.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in view of the alleged involvement in illegal liquor trade
- Whether the petitioner’s alleged connection to the seized liquor constitutes sufficient grounds for denial of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(i)(ii), 36, 41(i)(ii)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 482 CrPC
- clean antecedent
- seizure
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45513 of 2026
Arising Out of PS. Case No.-122 Year-2024 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Vikash Kumar Roy S/o Bijay Kumar Ray R/o M/578 Sudamdih, River side,
P.S.- Chelyagi, District- Dhanbad, State- Jharkhand
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Anish Kumar, Advocate
For the Opposite Party : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Muffasil P.S.
Case No.122 of 2024 registered under Sections 30(a), 32(i)
(ii), 36 and 41(i)(ii) of Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 6831 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from a truck, bearing Registration No. NL01AA 9853,
Patna High Court CR. MISC. No.45513 of 2026(2) dt.08-07-2026
2/3
which was involved in carrying illegal consignment of liquor.
It is also submitted that name of petitioner arrayed solely for
the reason because the driver of the said truck disclosed the
phone no. of petitioner alleging involvement of petitioner in
the present case. It is further submitted that recovery of
illicit liquor was not made from conscious possession of this
petitioner. It is pointed out that the seizure list also appears
doubtful being not supported by independent witnesses
rather than by police personnel. Petitioner claimed clean
antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.45513 of 2026(2) dt.08-07-2026
3/3
sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge Excise- I, Begusarai, in
connection with Muffasil P.S. Case No.122 of 2024, subject
to the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.