Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34833 of 2026 Arising Out of PS. Case No.-38 Year-2026 Thana- DAWATH District- Rohtas ====================================================== Vikash Kumar son of Vidrangi Singh @ Bajrangi Singh Resident of villageBodarhi, Ps- Dawath, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 20-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through videoconferencing.

2. This application for anticipatory bail arises out of Dawath P.S. Case No. 38 of 2026, registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the allegation, altogether, 30 liters of illicit liquor is said to have been recovered from a 'Khalihan'. The petitioner was identified by the local Chaukidar to be the person who fled away from the place of seizure.

4. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. It has further been submitted that petitioner is not the owner of the

Patna High Court CR. MISC. No.34833 of 2026(2) dt.20-05-2026 2/2 place from where the alleged recovery has been made and it is an open space which is accessible to all. It has further been submitted that the petitioner has enmity with the local Chaukidar and his name has falsely been implicated in this case. It has further been submitted that the procedure of search and seizure as prescribed under Section 103 of the B.N.S.S. has not been followed. It has lastly been submitted that the petitioner has got no criminal antecedent.

5. Learned counsel for the State opposed the prayer of anticipatory bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances, let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.I, Rohtas at Sasaram in connection with Dawath P.S. Case No. 38 of 2026, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. (Praveen Kumar, J) Pawan/- U T