Vikki Kumar @ Vikee Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74382 of 2025 Arising Out of PS. Case No.-289 Year-2025 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

Vikki Kumar @ Vikee Kumar S/o Jaglal Singh @ Jaglal Ray Resident of village - Rajapakar, P.S. - Rajapakar, Distt.- Vaishali 2.

Suman Kumar S/o Damodar Singh Resident of village - Rajapakar, P.S. - Rajapakar, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-11-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 318(4) of the BNS, Section 36 of the Bihar Prohibition and Excise (Amendment) Act, 2022 as well as Section 23 of the Petroleum Act, 1934.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.

4. Allegation is of recovery of 1000 litres of raw spirit along with 175 litres of petrol from a bathan.

5. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.74382 of 2025(2) dt.10-11-2025 2/3 recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners and they came to be implicated at the instance of the local person but then the name of the person who disclosed the name of the petitioners is not disclosed in the FIR which casts an aspersion on the case of the prosecution.

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

7. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their 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.500/- (Rupees Five Hundred) each 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 Rajapakar P.S. Case No. 289 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioners and if it is found that petitioners have antecedent of even one case, it would be presumed that petitioners had concealed their

Patna High Court CR. MISC. No.74382 of 2025(2) dt.10-11-2025 3/3 antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T