Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner with specified conditions.

Summary

Vikash Kumar applied for anticipatory bail fearing arrest in a case where 478.8 litres of foreign liquor were seized from a vehicle registered in his name. He contended that he was not in possession of the liquor, having lent the vehicle to a person named Santosh, and that the seizure was unrelated to his ownership. The State opposed the bail, highlighting two prior criminal cases against the petitioner. The Court, after hearing both sides, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, surrender within four weeks, and a condition that the petitioner not commit similar offences, invoking Section 482(2) of the B.N.S.S. The order also directed compliance with the Special Judge, Excise‑III, Muzaffarpur.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances.
Whether the petitioner’s prior criminal antecedents preclude grant of bail.
Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.

Legislation cited

B.N.S. — s. 317(5)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90675 of 2025
                      Arising Out of PS. Case No.-120 Year-2025 Thana- Benibad District- Muzaffarpur
                 ======================================================
                 Vikash Kumar Son of Rajkishor Ray Resident of Village- Aura, P.S.- Sheohar,
                 District- Muzaffarpur


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sagar Kumar, Advocate
                                                   Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :        Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2.The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection

                   with Benibad P.S. Case No. 120 of 2025 instituted for the

                   offence under Section 317(5) of B.N.S. and Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                 3. The case of the prosecution is that from the vehicle

                   which is owned by this petitioner, altogether 478.8 liters of

                   country made foreign liquor was recovered.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.90675 of 2025(2) dt.09-02-2026
                                            2/3




          committed no offence. Learned counsel has further submitted

          that as he is the owner of the said vehicle,         he has been

          impleaded in this case. Nothing has been recovered from his

          possession and also her has no concern in any way with the

          alleged recovery. He has further submitted that he has given his

          vehicle to one Santosh and he has misused the vehicle of the

          petitioner and Santosh Kumar has already been granted bail by

          this court vide Cr. Misc. No. 68373 of 2025.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioner and the petitioner is

          having criminal antecedent of two cases.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail with a

          condition that the petitioner will not indulge in similar

          nature of offence in future. The petitioner is directed to

          surrender in the Court below within a period of four weeks from

          today and in the event of his arrest or surrender in connection

          with Benibad P.S. Case No. 120 of 2025, he will be enlarged on

          bail on furnishing bail bond of Rs. 10,000/- (Rupees ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Special Judge, Excise-III, Muzaffarpur
            Patna High Court CR. MISC. No.90675 of 2025(2) dt.09-02-2026
                                                        3/3




                      subject to the conditions as laid down under section 482(2) of

                      B.N.S.S.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

Continue reading with your account

Checking your session…