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

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

What the court decided

AI extract

Outcome

Pre-arrest bail: release in the event of arrest or surrender before the district court within four weeks, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Special Excise Judge III, East Champaan at Motihari, in connection with Mehsi P.S.Case No.227 of 2025, subject to the conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS; the order lapses automatically if the district court finds other criminal antecedents.

Issue for consideration

Whether the petitioner is entitled to pre-arrest bail in connection with Mehsi PS Case No.227 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Pre-arrest bail granted: having considered the rival submissions and that the place of recovery is an open place accessible to anyone, the petitioner is directed to be released on pre-arrest bail in the event of his arrest or surrender before the district court within four weeks, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Special Excise Judge III, East Champaan at Motihari, subject to the conditions under Section 438(2) Cr.P.C./Section 482(2) BNSS.

Ratio / Principle

The grant is conditional: the learned district court is directed to verify the petitioner's criminal antecedents, and if the petitioner is found involved in some other cases as stated in paragraph No.3 of the bail application, this order will automatically lose its force.

Key takeaways

Ancillary direction: the District Magistrate, Motihari, Superintendent of Police, Motihari and the Excise Superintendent, Motihari are directed to submit a joint report for their failure to implement the prohibition within their jurisdiction before the Chief Secretary of Bihar, so that necessary steps may be taken in accordance with law; copies of the order to be communicated to them.obiter¶22

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.), Criminal Miscellaneous No.72591 of 2025, decided 16-10-2025: pre-arrest bail allowed to Vikash Kumar in Mehsi PS Case No.227 of 2025 (Section 30(a), Bihar Prohibition and Excise Act), where 101.880 ltrs. of foreign liquor was allegedly recovered from an abandoned bathroom; the court relied on the recovery site being an open place accessible to anyone. Bail in the event of arrest or surrender within four weeks, on bail bond of Rs.10,000/- with two like sureties before the learned Special Excise Judge III at Motihari, subject to Section 438(2) Cr.P.C./Section 482(2) BNSS conditions; the order lapses automatically if the district court finds other criminal antecedents than those declared in paragraph 3 of the bail application. The District Magistrate, Superintendent of Police and Excise Superintendent, Motihari were further directed to submit a joint report to the Chief Secretary of Bihar on their failure to implement prohibition.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72591 of 2025

Arising Out of PS. Case No.-227 Year-2025 Thana- MEHSI District- East Champaran

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

Vikash Kumar S/o Late Satyanarayan Prasad @ Satyanarayan Bhagat R/o Village- Bathna, P.S.- Mehsi, District- East Champaran at Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Ashutosh Kumar, Advocate For the Opposite Party/s : Mr.Pramod Kumar Pandey, APP

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

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 16-10-2025

Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Mehsi PS Case No.227 of 2025 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation against the petitioner is that 101.880 ltrs. of foreign liquor has been recovered from the abandoned bathroom.

The learned counsel appearing on behalf of the petitioner submitted that the petitioner is not involved in either sale or consumption of the liquor. Learned counsel further submitted that the place of recovery is open place, which is accessible to anyone. Petitioner has clean antecedent.

Patna High Court CR. MISC. No.72591 of 2025(2) dt.16-10-2025 2/3

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Having considered the rival submissions of the parties, as well as, the place of recovery is open place, which is accessible to anyone, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge III, East Champaan at Motihari in connection with Mehsi P.S.Case No.227 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

The District Magistrate, Motihari, Superintendent of Police, Motihari and the Excise Superintendent, Motihari are directed to submit a joint report for their failure not to implement the prohibition within their jurisdiction before the

Patna High Court CR. MISC. No.72591 of 2025(2) dt.16-10-2025 3/3

Chief Secretary of the Bihar so that he may take necessary steps in accordance with law.

Let copies of this order be communicated to the District Magistrate, Motihari, Superintendent of Police, Motihari and the Excise Superintendent, Motihari.

(Purnendu Singh, J)

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