Created by Fuzzy Cloud

Patna High Court

Vicky KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.