Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76535 of 2025 Arising Out of PS. Case No.-174 Year-2025 Thana- DEWARIA District- Muzaffarpur ====================================================== Vikash Kumar S/O Daroga Rai @ Jagarnath Rai Resident of village- Sakin, P.S- Deoria, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Giri, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-11-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and allegation is of recovery of 2347.785 liters of liquor from a Scorpio vehicle and from the backyard of Md. Tahir's house.
4. Learned counsel for the petitioner submits that the petitioner was not apprehended 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 at the instance of local villager, but then the name of the villager who
Patna High Court CR. MISC. No.76535 of 2025(2) dt.19-11-2025 2/3 disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees 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 Dewaria P.S. Case No. 174 of 2025 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 one case 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 one
Patna High Court CR. MISC. No.76535 of 2025(2) dt.19-11-2025 3/3 case only, in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Rishabh/- U T