Patna High CourtCR. MISC./21178/2026disposed

Vikash Yadav @ Vikash Prasad Yadav v. The State Of Bihar

2026-05-15Mr. Justice Satyavrat Verma5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21142 of 2026 Arising Out of PS. Case No.-27 Year-2026 Thana- Champanagar District- Purnia ====================================================== Vikash Yadav @ Vikash Kumar Son of Binod Yadav R/o vill- Maranga, west ward no. 8, P.S.- Maranga, District- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21178 of 2026 Arising Out of PS. Case No.-27 Year-2026 Thana- Champanagar District- Purnia ====================================================== Vikash Yadav @ Vikash Prasad Yadav Son of Basudev Yadav R/o villLasanpur Bauri, Oli Lasanpur, Thana- Dagarua, District- Purnea ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 21142 of 2026) For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Renuka Ratnakar (App 125) (In CRIMINAL MISCELLANEOUS No. 21178 of 2026) For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2026 Re:- Cr. Misc No. 21142 of 2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 111(i)/111(ii) of the BNS Sections 30(a), 36 and 41(2) of the Bihar Excise Act.

2/5 3.

Learned counsel for the petitioner submits that the petitioner has antecedent of fourteen cases under the Excise Act and allegation is of recovery of 1075.68 litres of liquor from a vehicle.

Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on confessional statement of Ajit in police custody which does not have any evidentiary value. It is next submitted that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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

3/5 within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 70,000/- (Rupees Seventy 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 Champanagar P.S. Case No. 27 of 2026, 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 more than fourteen cases 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 verification if it is found that petitioner has antecedent of fourteen cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

Cr. Misc No. 21178 of 2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections

4/5 111(i)/111(ii) of the BNS Sections 30(a), 36 and 41(2) of the Bihar Excise Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of five cases under the Excise Act and allegation is of recovery of 1075.68 litres of liquor from a vehicle.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned

5/5 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. 25,000/- (Rupees Twenty-five 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 Champanagar P.S. Case No. 27 of 2026, 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 more than five cases 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 verification if it is found that petitioner has antecedent of five cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T