Patna High Court
Vikash Kumar @ Vikash Chaudhary @ VikashversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail, granting provisional bail subject to conditions and verification of antecedents.
Summary
The petitioner, Vikash Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 82.5 litres of liquor. The petitioner argued that he was not in possession of the liquor, had no relation to the alleged sites, and was implicated by a watchman without proper investigation. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.20,000 with two sureties, subject to verification of his criminal antecedent and other conditions under Section 438(2). The order also required the petitioner to deposit Rs.7,500 with the Patna High Court Legal Services Committee. The application was allowed, with the proviso that if more than four prior cases are found, the bail may be withdrawn.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for offences under Section 30(a) of the Excise Act.
- Whether the petitioner’s prior criminal antecedent of four cases precludes the grant of anticipatory bail.
- Whether the conditions imposed by the court are appropriate for the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5654 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- DORIGANJ District- Saran
======================================================
Vikash Kumar @ Vikash Chaudhary @ Vikash S/O Naresh Caudhary @
Naresh Chaudhari Resident of Village- Bhairopur Nizamat, Police Station-
Doriganj, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari
For the Opposite Party/s : Ms.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and allegation is of recovery of 82.5 litres of liquor from two
different places near the house of Ranjan Kumar and Chandan
Kumar.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.5654 of 2026(2) dt.03-02-2026
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recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and petitioner has no concern
or relation with Ranjan and Chandan and he came to be
implicated at the instance of Chaukidar, but then, it is submitted
that police in majority of cases implicating innocent persons
either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding proper investigation. It is further submitted that
in similar manner earlier also the petitioner came to be
implicated.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. 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-bonds in the
sum of Rs.20,000/- (Rupees Twenty Thousand) 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 Doriganj P. S. Case No.361 of 2025, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.5654 of 2026(2) dt.03-02-2026
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7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than four cases,
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 petitioner has antecedent of four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.7500/- with
Patna High Court Legal Services Committee, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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