Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Code of Criminal Procedure.
Summary
The petitioners, Vikash Kumar, Niraj Kumar and Ugrim Manjhi, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 907.2 litres of liquor from a truck. They argued they had clean antecedents, were not arrested at the spot, had no liquor in their possession, and that the third petitioner was implicated merely as the vehicle owner while the confessional statement of an accused in police custody was inadmissible. The State opposed the bail. The High Court, considering these submissions, ordered provisional anticipatory bail subject to a bail bond of Rs.500 each, two sureties, verification of antecedents, and a deposit of Rs.2,500 with the Lawyers’ Association. The order is conditional on the trial court’s verification of the petitioners’ criminal records and may be confirmed if they are found to have clean antecedents.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether a confessional statement made to police in custody is admissible as evidence.
- Whether ownership of the vehicle used for alleged contravention implicates the owner under the statute.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- confessional statement
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4766 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
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1. Vikash Kumar S/O Hiralal Prasad R/V Bithuna P.S Basantpur, Dist-Siwan
2. Niraj Kumar S/O Hiralal Prasad R/V Bithuna P.S Basantpur, Dist-Siwan
3. Ugrim Manjhi S/O Daresh Manji R/V Bithuna P.S Basantpur, Dist-Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh
For the Opposite Party/s : Mr. Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioners and
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
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 907.2 litres of liquor from a truck. It is next
submitted that petitioners were not arrested from the spot as
such nothing was recovered from their conscious possession and
petitioner no.3 came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
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and thus would create evidence against himself and hence
would get implicated. It is next submitted that the petitioner was
completely unaware that Uttam would misuse his vehicle in the
manner as alleged who was also apprehended from the spot
along with Raja and petitioner no.1 and 2 came to be implicated
based on confessional statement of apprehended accused in
police custody which does not have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
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
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Bhagwanpur Hat P.S. Case No.507/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
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even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that
petitioners are persons with clean antecedent, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioners
based on instruction submits that petitioners undertake to
deposit an amount of Rs.2500/- with Lawyers’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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