Vikash Kumar @ Vikash Singh @ Balajee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76572 of 2025 Arising Out of PS. Case No.-336 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Vikash Kumar @ Vikash Singh @ Balajee S/o Baskit Singh @ Vasakit Singh Resident of Village- Madhopur, PS- Mahua, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, 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 Sections 30(a), 32(2) and 41(1) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of 18 cases out of which 16 cases are under the excise act and allegation is of recovery of 2925.12 liters of liquor from a truck and a pick up vehicle.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the owner of either of the seized vehicle and he came to be implicated based on secret information which is the easiest way

Patna High Court CR. MISC. No.76572 of 2025(2) dt.19-11-2025 2/3 to implicate someone. It is also submitted that petitioner in similar manner has been implicated in other cases relating to excise. It is further submitted that it appears that the police in order to save the real culprits falsely implicated the petitioner based on secret information.

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. 90,000/- (Rupees Ninety 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 Goraul P.S. Case No. 336 of 2024 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 18 cases 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

Patna High Court CR. MISC. No.76572 of 2025(2) dt.19-11-2025 3/3 confirmed, but after verification if it is found that petitioner has antecedent of 18 cases only, in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Rishabh/- U T