Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.

Summary

Vikash Kumar, the owner of a Sumo vehicle, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 478 litres of liquor from his vehicle. He argued that he had a clean criminal record, was not in possession of the liquor at the time of seizure, and was unaware that the vehicle was being misused. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedents within six weeks. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional bail will be confirmed.

Issues considered

Whether anticipatory bail can be granted to the owner of a vehicle alleged to be used for transporting liquor under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s lack of direct possession and clean antecedent justify the grant of anticipatory bail.

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
vehicle owner liability
clean antecedent
Section 482(2)
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70103 of 2025
                      Arising Out of PS. Case No.-360 Year-2018 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Vikash Kumar S/o- Baijnath Singh Resident of Makaan No- 168 Near Post
                 Office P.S- Naubatpur Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Simran Kumari, Advocate
                 For the Opposite Party/s :       Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   23-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 478 liters of liquor from a Sumo vehicle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.70103 of 2025(4) dt.23-02-2026
                                            2/3




          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Santosh would misuse the vehicle in the manner as alleged.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) 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 Sabour

          Goradih P.S. Case No. 360 of 2018 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court 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 seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
            Patna High Court CR. MISC. No.70103 of 2025(4) dt.23-02-2026
                                                        3/3




                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…