Patna High Court

Vikash Kumar @ Bikash Kumar YadavversusThe 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 the conditions prescribed under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Vikash Kumar Yadav sought anticipatory bail fearing arrest in a case (Purnea Sadar PS Case No. 425/2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 351 litres of liquor were allegedly recovered from a pick‑up vehicle. The prosecution alleged the vehicle was used for the offence, while the petitioner contended he was not the owner and was falsely implicated, noting that a co‑accused had already been granted bail. The petitioner highlighted his limited criminal antecedents and argued that there was no prima facie case, also pointing out non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The Court, after considering the submissions, ordered anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes a bail bond of Rs. 15,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

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

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
excise offence
liquor seizure
false implication
Section 30
Section 103
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4884 of 2026
                    Arising Out of PS. Case No.-425 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Vikash Kumar @ Bikash Kumar Yadav Son of Nagi Yadav Resident of
                 Village - Khushkibagh Chauhan Tola, , P.O.- Gulabagh, P.S.- Sadar, District-
                 Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr .Dr. Bidhu Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari, 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 Purnea Sadar P.S. Case No. 425/2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                               3. The prosecution case, in short, is that total 351 litres

                   of liquor was recovered from pick-up vehicle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that petitioner is not the

                   owner of the alleged vehicle. The petitioner has got no concern

                   with the alleged recovery of liquor. The other co-accused person
             Patna High Court CR. MISC. No.4884 of 2026(2) dt.30-01-2026
                                                         2/2




                       has already been granted bail by this court vide order dated

                       27.11.2025 passed in Cr. Misc. No. 81425/2025. Learned

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

                       out against the petitioner. The petitioner has four criminal

                       antecedents out of which only one case is related to Excise Act.

                       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 learned Court below 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 Purnea Sadar

                       P.S. Case No. 425/2025, 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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