Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted subject to verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Vikash Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 6.9 litres of liquor from a motorcycle he owned. He contended that he had no knowledge of the liquor, that it was not in his conscious possession, and that he has a clean criminal antecedent. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and appear before the trial court within six weeks. The order further directed the trial court to verify the petitioner’s antecedent; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged contraband was found in a vehicle owned by the accused.
Whether ownership of the vehicle alone suffices to establish culpability for the offence.
Whether the petitioner’s clean antecedent is a requisite condition for the grant of anticipatory bail.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
vehicle ownership
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90211 of 2025
                       Arising Out of PS. Case No.-126 Year-2025 Thana- Ghogha District- Bhagalpur
                 ======================================================
                 Vikash Kumar S/o Jichho Mandal @ Bocho Mandal R/o vill - Pakki Sarai,
                 P.S.- Ghogha (Bhobha), Distt.- Khagariya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Indeshwari Prasad Mandal, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 6.9 liters of liquor from a motorcycle.

                                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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.90211 of 2025(2) dt.08-01-2026
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          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          his friend would misuse the vehicle in the manner as alleged.

                       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.

          500/- (Rupees Five Hundred) 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 Ghogha

          P.S. Case No. 126 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 even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
            Patna High Court CR. MISC. No.90211 of 2025(2) dt.08-01-2026
                                                        3/3




                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                (Satyavrat Verma, J)
Rishabh/-

U      T

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