Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bail bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Vikash Kumar sought anticipatory bail fearing arrest in a case (Hisua PS No. 455 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 110.125 litres of liquor were recovered. He contended that he was falsely implicated based on secret information, had no criminal antecedent, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thus no prima facie case existed. The State opposed the bail. The Court, after considering the submissions and the fact that a co‑accused had already been granted regular bail, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail is warranted in the absence of a prima facie case under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
Whether the petitioner’s alleged false implication justifies grant of anticipatory bail

Legislation cited

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

Subjects

anticipatory bail
false implication
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482(2)
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5400 of 2026
                       Arising Out of PS. Case No.-455 Year-2025 Thana- HISUWA District- Nawada
                 ======================================================
                 Vikash Kumar S/o- Jai Paswan Resident of Village- Tungi, P.S.- Hisua,
                 District- Nawada,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Man Mohan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   12-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Hisua PS Case No. 455 of 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 110.125

                   litres of liquor was recovered from jute sack hidden in the bush.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   secret information. The petitioner has got no concern with the

                   alleged recovery of liquor. The petitioner has no criminal

                   antecedent. There is no compliance of Section 103 of the
           Patna High Court CR. MISC. No.5400 of 2026(4) dt.12-03-2026
                                                       2/2




                     Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel

                     for the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner. Other co-accused has been

                     granted regular bail by this Court vide order dated 03.11.2025,

                     passed in Cr. Misc. No. 74938 of 2025.

                             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/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Hisua PS Case No.

                     455 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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