Patna High Court
Vikash Kumar Prasad @ Vikas Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Vikash Kumar Prasad, applied for anticipatory bail after being implicated in a case alleging possession of 53.48 litres of foreign liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that he had vacated the rented flat a month before the alleged recovery and was therefore not present at the scene, asserting that the landlord falsely implicated him. The State opposed the bail, arguing that the liquor was recovered from the petitioner’s rented room. The court noted the petitioner’s clean antecedent, lack of presence at the place of occurrence, and the circumstances presented. It granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S.S., with a six‑week surrender condition. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner’s alleged absence from the place of occurrence negates liability for the alleged possession of illicit liquor.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 482(2)
- illegal liquor possession
- clean antecedent
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8906 of 2026
Arising Out of PS. Case No.-872 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Vikash Kumar Prasad @ Vikas Kumar Prasad S/O Late Kishor Kumar Prasad
R/O Mohalla- Malviya Nagar Sareya, Ward No. 4, Gopalganj, Mangal Mahto
Ke Makan Me, P.S.- Gopalganj, District.- Gopalganj, Permanent R/at 1B/209,
Subhash Nagar, P.s.- Bermo, Dist.- Bokaro, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Gopalganj Nagar P.S. Case No. 872 of 2025,
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2022.
3. As per prosecution-case, 53.480 litre foreign and
country-made liquor was recovered from three sacks kept in an
Almirah in the room of Vikash Kumar Prasad (petitioner).
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the F.I.R. He further submits that petitioner is, in no
Patna High Court CR. MISC. No.8906 of 2026(2) dt.18-02-2026
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way, connected with the alleged place of recovery as he has left
the rented flat of Mangal Mahato one month prior to the date of
occurrence and the petitioner has been falsely implicated in the
present case at the instance of the land-lord who pressurized the
petitioner to vacate the flat. Petitioner was not found at the place
of occurrence. In the light of aforesaid, no offence is made out
against the petitioner. Apart from that, petitioner has no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submits that alleged recovery is from the rented room of the
petitioner and he cannot escape from the allegations made in the
F.I.R.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
keeping in view clean antecedent of the petitioner, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, 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 anticipatory bail on furnishing bail-bond of
Rs.10,000/- (rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.8906 of 2026(2) dt.18-02-2026
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amount each to the satisfaction of learned District and
Additional Sessions Judge-XIII-cum-Special Judge, Excise
Court No. I, Gopalganj in connection with Gopalganj Nagar P.S.
Case No. 872 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
K.C.Jha/-
U T
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