Patna High Court
Vicky KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.
Summary
Vicky 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, alleging recovery of 79 litres of liquor from a brick‑kiln. He contended that he was not arrested at the spot, the liquor was not in his possession, and that a watchman, with whom he had a personal dispute, falsely implicated him. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that Kumar furnish bail bonds of Rs.10,000 each with two sureties and deposit Rs.3,000 with the Lawyers’ Association, and that the trial court verify his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would be revoked; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person accused under Section 30(a) of the Excise Act, considering his prior criminal antecedents and the claim of false implication.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- false implication
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6727 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- THALI District- Nawada
======================================================
Vicky Kumar Son of Dinesh Yadav @ Lallu Yadav Resident of Village -
Lakhpat Bigha, Police Station - Thali, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shankar Kumar
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 two cases out of which one case
is under the Excise Act as would manifest from the
supplementary affidavit and allegation is of recovery of 79 litres
of liquor from a brick-kiln.
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
recovery is from a brick-kiln, which does not belong to the
Patna High Court CR. MISC. No.6727 of 2026(2) dt.04-02-2026
2/3
petitioner and he came to be implicated at the instance of
Chaukidar with whom he is on an inimical term. It is also
submitted that it appears that Chaukidar in order to save the real
culprit falsely implicated the petitioner, since petitioner was
having antecedent under the Excise Act from before.
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.10,000/- (Rupees Ten 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 Thali P. S. Case No.228 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
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 two cases,
Patna High Court CR. MISC. No.6727 of 2026(2) dt.04-02-2026
3/3
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 two 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.3,000/- with
Lawyers’ Association, Patna High Court, Patna within a period
of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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