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Patna High Court

Vikash Kumar @ Sawan Kumar @ Vikash SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in the absence of direct incriminating evidence and given the procedural deficiencies, anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Vikash Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 53.625 liters of liquor from a tempo. He claimed innocence, arguing that no incriminating material was found in his possession and that the only link to him was a co‑accused’s confessional statement, which he said lacked evidentiary value. The petitioner also highlighted that he was neither the owner nor the driver of the tempo and pointed to the regular bail granted to a co‑accused in a related matter. The State opposed the bail, but the court considered the lack of direct evidence, the petitioner’s antecedents, and the procedural requirement under Section 103 of the Bharatiya Nagarik Suraksha Sanhita. Consequently, the court ordered anticipatory bail, subject to bond and surety conditions, invoking Section 482(2) of the same Act.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case under the Bihar Prohibition and Excise Act.
  • Whether the confessional statement of a co‑accused provides sufficient basis for arrest and denial of bail.
  • Whether compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is required before granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 30(a)
  • Section 482(2)
  • Section 103
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87439 of 2025
                      Arising Out of PS. Case No.-252 Year-2024 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Vikash Kumar @ Sawan Kumar @ Vikash Sah S/o Late Munna Sah R/o
                 Village- Chhandi Prasad lane Sikanderpur, P.S.- Mojahidpur, District-
                 Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajive Ranjan Singh, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                            Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Sabour P.S. Case No. 252 of 2024, registered under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 53.625 liters

                   liquor was recovered from tempo.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner also submits that the petitioner was not
Patna High Court CR. MISC. No.87439 of 2025(2) dt.15-01-2026
                                            2/3




          arrested on spot. Name of the petitioner has transpired in this

          case on the basis of confessional statement made by co-accused

          and the same has got no evidentiary value. It is submitted that

          the petitioner is neither owner nor driver of the tempo in

          question. Learned counsel for the petitioner, therefore, contends

          that prima-facie, no case is made out against the petitioner. The

          petitioner has got two criminal antecedents in which he is on

          bail. Learned counsel for the petitioner further submits that

          other co-accused has been granted regular bail by this Court

          vide order dated 21.11.2024 passed in Cr. Misc. No. 81332 of

          2024. There is no compliance of Section 103 of the Bharatiya

          Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named in the event of arrest/surrender

          before the learned Court below within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Sabour P.S. Case No.

          252 of 2024, subject to the conditions as laid down under
             Patna High Court CR. MISC. No.87439 of 2025(2) dt.15-01-2026
                                                         3/3




                       Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                       2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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