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Patna High Court

Vikash Kumar @ Bikku @ Vikku KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for anticipatory bail is allowed, and provisional anticipatory bail is granted subject to conditions.

Summary

Vikash Kumar, a resident of Samastipur, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 241.92 litres of liquor from a vehicle he did not own. The petitioner asserted a clean criminal record and argued that the seizure was based on secret information without proper investigation, and that no liquor was found in his conscious possession. The State opposed the bail. The High Court, after considering the submissions, directed the petitioner to be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedents under Section 482(2) of the Criminal Procedure Code. The court clarified that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The petitioner also undertook to deposit Rs.1500 with the High Court Legal Services Committee.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • clean antecedent
  • seizure of liquor
  • Section 30
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5524 of 2026
                 Arising Out of PS. Case No.-149 Year-2025 Thana- EXCISE ROSERA District- Samastipur
                 ======================================================
                 Vikash Kumar @ Bikku @ Vikku Kumar Son of Uday Narayan Singh
                 Resident of Village- Chachahi Bharpur, Ward No. 13, P.S.- Vibhutipur,
                 District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhay Shanker Singh, Advocate
                 For the Opposite Party/s :      Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 241.92 litres of liquor from a car. It is next

                   submitted that petitioner was not arrested from the spot, as such,

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized vehicle and came to be implicated based

                   on secret information, which is the easiest way to implicate

                   someone without holding a proper investigation, when petitioner
Patna High Court CR. MISC. No.5524 of 2026(2) dt.03-02-2026
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          admittedly is a person with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Special Judge,

          Excise-II, Samastipur in connection with Rosera Excise P.S.

          Case No.149 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,

          in that event, the present provisional anticipatory bail order shall

          not be confirmed, but if on verification, it is found that
               Patna High Court CR. MISC. No.5524 of 2026(2) dt.03-02-2026
                                                           3/3




                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with High Court Legal Services

                         Committee, Patna within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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