Vikash Sah @ Vikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80172 of 2025 Arising Out of PS. Case No.-156 Year-2025 Thana- CHACKMEHSI District- Samastipur ====================================================== Vikash Sah @ Vikas Kumar S/O Late Babulal Sah Resident of VillageSaidpur, P.S. Chakmehsi, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rambabu Yadav For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-12-2025 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 318(4), 338, 336(3) and 3(5) of BNS Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioner submits that inadvertently at para-3 it has been pleaded that petitioner is a person with clean antecedent, when he has antecedent of one case and allegation is of recovery of 473.4 litres of liquor from a truck and 132.12 litres of liquor from a banana orchard. 4.
Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is neither the
Patna High Court CR. MISC. No.80172 of 2025(2) dt.09-12-2025 2/3 owner of the truck nor of the orchard and he came to be implicated at the instance of Chowkidar with whom he is on an inimical term. It is also submitted that if the Chowkidar was aware about the involvement of the petitioner in the occurrence, then why he did not inform the police prior to institution of the instant 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 Chakmahesi P.S. Case No. 156 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
Patna High Court CR. MISC. No.80172 of 2025(2) dt.09-12-2025 3/3 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 case in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sumit/- U T