Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37174 of 2026 Arising Out of PS. Case No.-883 Year-2025 Thana- BIHTA District- Patna ====================================================== Vicky Kumar S/O Late Om Prakash R/O Village- Ramu Bigha, P.S.- Bihta, Distt.- Patna (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Alka Singh For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-06-2026 Heard the learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends arrest in connection with Bihta P.S. Case No. 883 of 2025 registered for offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 25 liters of illicit foreign liquor were allegedly recovered from the motorcycle in question. However, the petitioner was not apprehended on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is further submitted that the petitioner is not an accused in any other case under the Excise Act. It is further submitted that the petitioner is ready to donate Rs. 25,000/- (Rupees Twenty Five

Patna High Court CR. MISC. No.37174 of 2026(2) dt.15-06-2026 2/3 Thousand Only) in some charitable organization without accepting his guilt.

5. Learned APP for the State has vehemently opposed the prayer of the petitioner.

6. Considering the facts and circumstances of the case and the submission of learned counsel for the petitioner, this application for anticipatory bail stands allowed.

7. Accordingly, let the petitioner, above-named, in the event of arrest or surrender within four weeks from today in the Court below, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Bihta P.S. Case No. 883 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS and with further condition(s) that:- (I). The petitioner shall deposit an amount of Rs. 25,000/- (Rupees Twenty Five Thousand Only) in Ramakrishna Mission Ashrama, Ramakrishna Avenue, Nala Road, Patna, Bihar and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

(ii). The petitioner is directed to

Patna High Court CR. MISC. No.37174 of 2026(2) dt.15-06-2026 3/3 mark his attendance in Bihta Police Station on every 1st and 3rd Sunday of each month.

Failure to do so, will result in cancellation of bail bond of the petitioner.

(iii). At the time of acceptance of the bail bonds, the court below shall verify whether the petitioner is involved in or is an accused in any case under the NDPS Act. If it is found that the petitioner is not an accused in any case under the NDPS Act only then shall his bail bonds be accepted by the court below.

8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) Shishir/- U T