Created by Fuzzy Cloud

Patna High Court

Vikash Rai @ Vikash Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Vikash Rai applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 86.175 litres of liquor from a wheat field. The petitioner argued that the liquor was not found in his possession, the location did not belong to him, and the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offence and the petitioner's prior two Excise cases. The Court, applying Section 438(2) of the CrPC, granted provisional anticipatory bail conditioned on a Rs.10,000 bail bond with two sureties and a six‑week surrender period. It further directed the trial court to verify the petitioner’s criminal antecedents, stating that if more than two prior cases are found, the bail would not be confirmed. The application was therefore allowed, subject to the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
  • Whether the petitioner’s prior two cases under the Excise Act preclude the grant of anticipatory bail.
  • Whether the absence of recovered liquor in the petitioner’s possession and the omission of the informant’s name in the FIR justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • bail conditions
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84335 of 2025
                   Arising Out of PS. Case No.-259 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Vikash Rai @ Vikash Kumar Yadav Son of Kameshwar Rai @ Kameshwar
                 Ray Resident of Village - Saraiya, P.S. - Rajepur, Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhishek Kumar
                 For the Opposite Party/s :       Mr.Tarun Prasad Mandal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   19-01-2026                  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 under the Excise Act

                   and allegation is of recovery of 86.175 litres of liquor from a

                   bush situated in a wheat field.

                                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 place, which does not belong to the petitioner

                   and is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.84335 of 2025(4) dt.19-01-2026
                                            2/3




          implicated at the instance of local person, but the name of the

          person, who disclosed the name of the petitioner is not disclosed

          in the F.I.R., which casts an aspersion on the case of the

          prosecution. It is next submitted that police in majority of cases

          implicating innocent persons either at the behest of Chaukidar,

          local person, secret information and confessional statement in a

          mechanical manner without holding proper investigation.

                       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 Rajepur P. S. Case No.259 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
               Patna High Court CR. MISC. No.84335 of 2025(4) dt.19-01-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than two cases,

                         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.


                                                   (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.