Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85953 of 2025 Arising Out of PS. Case No.-125 Year-2025 Thana- NAYAGAON District- Saran ====================================================== Vikash Kumar Son of Dinesh Ray R/V- Parmanandpur, P.S.- Sonepur, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeet Kumar Singh For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-12-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Nayagaon Police Station Case No. 125 of 2025, dated 21.07.2025, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that on 21.07.2025, while on patrol duty, the police received secret information that a person was transporting illicit liquor on a blue Apache motorcycle from Parmanandpur towards Nayagaon. During checking, a person riding a blue Apache motorcycle with a black bag on his back was signaled, however, upon seeing the police, the person riding the motorcycle succeeded in

Patna High Court CR. MISC. No.85953 of 2025(2) dt.18-12-2025 2/3 fleeing away leaving the vehicle and bag near Gogal Singh High School, Nayagaon. On search, two plastic containers containing about 10 litres each, totaling 20 litres of country-made liquor, were recovered in the bag, along with the motorcycle, bearing registration no. BR04AU-6664.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only because he happens to be the registered owner of the said motorcycle. He next submits that the motorcycle, from where illicit liquor has been recovered, was borrowed by his friend for some urgent work and the petitioner had no knowledge about illicit liquor being kept therein. The petitioner has got no criminal antecedent.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has been made accused only because he happens to be the registered owner of the motorcycle, which was borrowed by his friend for urgent work, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.85953 of 2025(2) dt.18-12-2025 3/3

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge II, Saran at Chapra , in connection with Nayagaon Police Station Case No. 125 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T