Vikash Kumar @ Vikash Chaudhary @ Vikash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5654 of 2026 Arising Out of PS. Case No.-361 Year-2025 Thana- DORIGANJ District- Saran ====================================================== Vikash Kumar @ Vikash Chaudhary @ Vikash S/O Naresh Caudhary @ Naresh Chaudhari Resident of Village- Bhairopur Nizamat, Police StationDoriganj, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Mili Kumari For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of four cases under the Excise Act and allegation is of recovery of 82.5 litres of liquor from two different places near the house of Ranjan Kumar and Chandan Kumar.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged

Patna High Court CR. MISC. No.5654 of 2026(2) dt.03-02-2026 2/3 recovery is from a place, which does not belong to the petitioner and is accessible to public at large and petitioner has no concern or relation with Ranjan and Chandan and he came to be implicated at the instance of Chaukidar, but then, it is submitted that police in majority of cases implicating innocent persons either at the behest of Chaukidar, local person, secret information and confessional statement in a mechanical manner without holding proper investigation. It is further submitted that in similar manner earlier also the petitioner came to be implicated.

5. Learned A.P.P. opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.20,000/- (Rupees Twenty 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 Doriganj P. S. Case No.361 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.5654 of 2026(2) dt.03-02-2026 3/3

7. The application stands allowed.

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than four cases, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of four cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

9. At this stage, the learned counsel appearing on behalf of the petitioner based on instruction submits that petitioner undertakes to deposit an amount of Rs.7500/- with Patna High Court Legal Services Committee, Patna within a period of two weeks from today.

(Satyavrat Verma, J) vikash/- U T