Patna High Court
Vicky Kumar @ Vicky Kumar DubeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedents, with confirmation contingent on the finding of at most one prior case.
Summary
Vicky Kumar was implicated in a case under the Bihar Excise Act for allegedly transporting 1,633.38 litres of liquor in a truck. He contended that he neither owned the vehicle nor had knowledge of the liquor, and that the case was based solely on a confessional statement made by another person in police custody, which he argued lacked evidentiary value. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed that the trial court verify the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the alleged seizure of liquor from a vehicle linked to him.
- Whether the confessional statement of a co-accused, made in police custody, can form the basis for arrest.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87565 of 2025
Arising Out of PS. Case No.-1076 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Vicky Kumar @ Vicky Kumar Dubey S/O Vinod Dubey R/O Mohalla- B.B.
Ganj Nandpuri, P.S- Sadar, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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 offences punishable under Sections 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the excise act and
allegation is of recovery of 1633.380 liters of liquor from a
truck pick up vehicle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized vehicle and he came to be implicated
based on the fact that garage from where the vehicles were
Patna High Court CR. MISC. No.87565 of 2025(3) dt.20-01-2026
2/3
seized belongs to him. It is further submitted that petitioner was
completely unaware that the vehicles which had come for repair
were carrying liquor and he came to be implicated based on
confessional statement of Sanjay in police custody which does
not have any evidentiary value.
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, 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.
5,000/- (Rupees Five 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 Excise
P.S. Case No. 1076 of 2025 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.87565 of 2025(3) dt.20-01-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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