Patna High Court

Vikas Sah @ Vikas Kumar SahversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: RAMESH CHAND MALVIYA

Holding

Bail was granted to the petitioner subject to a bond of Rs. 10,000 and two sureties.

Summary

The petitioner, Vikas Sah, was implicated in a case (Kotwa PS Case No. 269 of 2025) for alleged unauthorized sale of diesel, with 160 litres seized from his possession. He claimed he was falsely implicated and had no prior criminal record. The prosecution alleged he was involved in illegal diesel trade, but the court found no evidence that the diesel was being sold to others and noted his farmer background. The petitioner sought bail under Section 482(2) of the Bihar Narcotic Substances Act, while the State opposed the bail. Considering the lack of evidence of sale, his clean record, and the circumstances, the court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under Section 482(2) of the Bihar Narcotic Substances Act in view of the alleged offenses under Sections 303(1) and 317(4).
Whether the evidence establishes that the seized diesel was intended for illegal sale.

Legislation cited

Bihar Narcotic Substances Act — s. 303(1), 317(4), 482(2)

Subjects

bail
diesel seizure
unauthorised sale
Section 303
Section 317
Section 482
High Court
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79068 of 2025
                    Arising Out of PS. Case No.-269 Year-2025 Thana- KOTWA District- East Champaran
                 ======================================================
                 Vikas Sah @ Vikas Kumar Sah S/O Shambhu Sah Resident of Vill- Shihorwa,
                 Karariya, P.S.- Kotwa, Dist- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Arun Kumar, S.I. Kotwa Police Station, District-East Champaran
           3.    District Supply Officer Motihari, East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

3   11-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kotwa P.S Case No. 269 of 2025 registered for the offences

                   punishable under Sections 303(1)/317(4) of B.N.S.

                                3. As per the prosecution case, the informant alleged

                   that on secret information that the petitioner is in a business of

                   unathorisedly selling the diesel, the place was raided and there

                   is recovery/seizure of 160 litre diesel alongwith the materials to

                   measure the diesel. The petitioner managed to escape. This led

                   to the F.I.R.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.79068 of 2025(3) dt.11-02-2026
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          petitioner has falsely been implicated in this case. It is next

          submitted that petitioner has got no criminal antecedent as

          stated in para 3 of the bail petition.

                       5. Learned counsel for the State opposes the prayer

          for bail of the petitioner.

                       6. From perusal of the F.I.R., impugned order and

          materials available on record it appears that total 160 litre of

          diesel recovered from the possession of the petitioner and there

          is no evidence on the point that the recovered diesel in question

          was being sold to anybody else. It appears that petitioner

          belongs to a family of farmer and recovered materials used by

          farmer for irrigation and other purpose. Petitioner has got no

          criminal antecedent as stated in paragraph no. 3 of the bail

          petition.

                       7. Considering the aforesaid facts and circumstances

          of the case, submissions made on behalf of the petitioner, let the

          above named petitioner be released on bail in the event of his

          arrest or surrender before the trial court within a period of six

          weeks from today on furnishing bail bond of Rs. 10,000/- (Ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned          CJM, Motihari, East Champaran in

          connection with Kotwa P.S Case No. 269 of 2025 subject to the
           Patna High Court CR. MISC. No.79068 of 2025(3) dt.11-02-2026
                                                       3/3




                     condition laid down under Section 482(2) of B.N.S.S.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T

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