Patna High Court
Vikash Kumar @ Sawan Kumar @ Vikash SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
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
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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
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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