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Patna High Court

Vikash Kumar Prasad @ Vikas Kumar PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                        3/3




                      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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