Vikash Kumar @ Akhilesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77848 of 2025 Arising Out of PS. Case No.-262 Year-2025 Thana- TILAUTHU District- Rohtas ====================================================== Vikash Kumar @ Akhilesh Son of Late Raj kumar Singh R/o Village -Tillouthu, P.S. -Tillouthu, District - Rohtas, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition & Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 150 litres of liquor from a Baleno Car. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that the seized vehicle is registered in the name of his father. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus, would create evidence against himself and
Patna High Court CR. MISC. No.77848 of 2025(2) dt.27-11-2025 2/3 hence, would get implicated. It is also submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged.
4. Learned A.P.P. opposes the anticipatory bail application.
5. 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-bond in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge Excise, Court No.II, Rohtas, Sasaram in connection with Tillouthu P.S. Case No.262 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. 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 one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before
Patna High Court CR. MISC. No.77848 of 2025(2) dt.27-11-2025 3/3 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 only one case, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sanjay/- U T