Vicky Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Vicky Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: release on arrest or surrender within four weeks on bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Sitamarhi, subject to Section 438(2) CrPC / Section 482(2) BNSS 2023 conditions, appearance before the Investigating Officer every 15 days till charge-sheet submission, and verification of criminal antecedents by the Court below.

Issue for consideration

Whether the petitioner, apprehending arrest in Bathnaha P.S. Case No.164 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016, should be released on anticipatory bail.

Court's answer

In the event of arrest or surrender before the learned Court below within a period of four weeks, the petitioner is directed to be released on anticipatory bail in connection with Bathnaha P.S. Case no.164 of 2024 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Sitamarhi, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS 2023.

Ratio / Principle

Condition imposed: the petitioner shall cooperate in the investigation/trial and make himself available before the Investigating Officer of the present case at intervals of every 15 days till submission of the charge-sheet.

Key takeaways

The learned Court below is to verify the petitioner's criminal antecedents expeditiously, and if concealment of criminal antecedents is found, it shall take steps for cancellation of the petitioner's bail bond.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail - Bihar Prohibition and Excise Act, 2016, S. 30(a) - Petitioner, whose name transpired on the confessional statement of apprehended co-accused Ramprit Mahto, apprehended arrest in Bathnaha P.S. Case No.164 of 2024 (District Sitamarhi), in which 747 liters of Nepali liquor was allegedly recovered from a Xylo Car bearing Registration No. BR01PA4796; no recovery alleged from the petitioner's physical or conscious possession and no criminal antecedent claimed - Held, in the event of arrest or surrender before the learned Court below within four weeks, petitioner to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Sitamarhi, subject to Section 438(2) CrPC / Section 482(2) BNSS 2023 conditions, with further conditions that he cooperate in investigation/trial and appear before the Investigating Officer every 15 days till submission of charge-sheet, and that the Court below verify his criminal antecedents expeditiously and take steps for cancellation of bail bond in case of concealment.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5773 of 2025

Arising Out of PS. Case No.-164 Year-2024 Thana- BATHNAHA District- Sitamarhi

======================================================

Vicky Kumar Son of Late Bachchu Paswan Resident of Village -Bhup Bhairav @ Bhoop Bhairo, P.S. - Sitamarhi, District - Sitamarhi

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar, Advocate For the Opposite Party/s : Mr.Harendra Prasad, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

4 08-05-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Bathnaha P.S. Case no.164 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, the informant states that on seeing police personnel accused tried to mange to escape but one of them was apprehended at the spot who disclosed his name as Ramprit Mahto. On search, a total of 747 liters of nepali liquor is said to have been recovered from a Xylo Car bearing Registration No. BR01PA4796.

Learned counsel for the petitioner submits the petitioner has been falsely implicated in the case. The name of the petitioner has transpired on the confessional statement of apprehended accused Ramprit Mahto made before police which

Patna High Court CR. MISC. No.5773 of 2025(4) dt.08-05-2025 2/3

has no evidentiary value. No recovery has been made from physical or conscious possession of the petitioner. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

The application for anticipatory bail is opposed by learned A.P.P. for the State by stating that the petitioner has been made accused in four cases. In response, learned counsel for the petitioner submits that the petitioner is on bail on the said case.

In view of the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Bathnaha P.S. Case no.164 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Sitamarhi, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that :-

(I) He shall co-operate in the investigation/trial and would make himself available before the Investigating Officer of the present case on an interval of every 15 days till the

Patna High Court CR. MISC. No.5773 of 2025(4) dt.08-05-2025 3/3

submission of the charge-sheet.

(II) The learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay.

(Soni Shrivastava, J)

Harsh/- U T