Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
Vikash Kumar, the owner of a motorcycle from which 6.75 litres of liquor was recovered, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code, fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he was not in possession of the liquor, was unaware of his friend's misuse of the vehicle, and that ownership alone should not implicate him. The State opposed the bail. The High Court granted provisional anticipatory bail, requiring a bail bond of Rs.40,000 with two sureties, and directed verification of the petitioner’s criminal antecedent. If the verification shows more than eight prior cases, the bail will not be confirmed; if exactly eight, it will be confirmed. The order is subject to the conditions laid down under Section 438(2) CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC in a case under the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle used in the alleged offence is sufficient to justify denial of bail.
- Whether the petitioner’s criminal antecedent of eight cases affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- vehicle ownership
- liquor seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75275 of 2025
Arising Out of PS. Case No.-379 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
Vikash Kumar Son of Kamal Sah @ Kamal Prasad Sah R/o Village -
Marauna, P.S. - Bikramganj, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases under the Excise Act and
allegation is of recovery of 6.750 litres of liquor from a
motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner 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
Patna High Court CR. MISC. No.75275 of 2025(3) dt.07-01-2026
2/3
and thus would create evidence against himself and hence
would get implicated. It is also submitted that petitioner was
completely unaware that his friend would misuse the vehicle in
the manner as alleged who also fled away from the place of
occurrence.
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, let 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.40,000/- (Rupees Forty 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
Bikramganj P.S. Case No. 379 of 2025, subject to the conditions
as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than eight
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.75275 of 2025(3) dt.07-01-2026
3/3
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only eight cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…