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

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

What the court decided

AI extract

Outcome

Pre-arrest bail: petitioner to be released on arrest or surrender before the learned District Court within four weeks, furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani, in connection with Rajnagar P.S Case No. 406 of 2024, subject to Section 482(2) BNSS conditions; District Court to verify stated criminal antecedents, failing which the order lapses automatically.

Issue for consideration

Whether the petitioner should be granted pre-arrest (anticipatory) bail in connection with Rajnagar P.S Case No. 406 of 2024.

Court's answer

Considering the facts and circumstances of the case, the court directed that the petitioner be released on pre-arrest bail in the event of arrest or surrender before the learned District Court within four weeks, on furnishing a bail bond with two sureties of the like amount, subject to the conditions under Section 482(2) BNSS.

Ratio / Principle

The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application.

Key takeaways

If any other case is pending against the petitioner contrary to what has been stated in paragraph no. 3 of the bail application, the pre-arrest bail order will lose its force automatically.ratio¶16

Detailed headnote1 paragraphs

Pre-arrest bail granted. The High Court of Judicature at Patna (Purnendu Singh, J.), by order dated 15-02-2025 in Criminal Miscellaneous No.997 of 2025, directed release of petitioner Vikash Kumar @ Vikash Kumar Chaupal on pre-arrest bail in connection with Rajnagar P.S Case No. 406 of 2024 (District Madhubani), registered under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, wherein the FIR alleged recovery of total 4.875 liters of illicit liquor from a vehicle. Bail conditions: arrest or surrender before the learned District Court within four weeks; bail bond of Rs. 10,000/- (stated in words as Rupees Twenty Five Thousand, an internal discrepancy) with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani; conduct conditions under Section 482(2) of the BNSS. The learned District Court is to verify the criminal antecedent stated in paragraph no. 3 of the bail application; if any other case is pending contrary to that statement, the order will lose its force automatically.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.997 of 2025

Arising Out of PS. Case No.-406 Year-2024 Thana- RAJNAGAR District- Madhubani

====================================================== Vikash Kumar @ Vikash Kumar Chaupal S/O Lalit Mandal @ Lalan Chaupal @ Lalal Mandal R/o - Chhaprar, P.S - Rajnagar, District - Madhubani.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

2 15-02-2025

Heard Mr. Sanjay Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Pushpa Sinha, learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Rajnagar P.S Case No. 406 of 2024 registered for the offence punishable under Section 274, 275, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

As per the allegation made in the FIR, total 4.875 liters of illicit liquor was recovered from a vehicle.

Patna High Court CR. MISC. No.997 of 2025(2) dt.15-02-2025 2/3

Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Petitioner has no concern with the alleged seized liquor. Petitioner is not involved either in manufacturing or in trade of illicit liquor, which is prohibited in the State of Bihar. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

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

Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cumSpecial Judge, Excise Act, Madhubani, in connection with Rajnagar P.S Case No. 406 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in

Patna High Court CR. MISC. No.997 of 2025(2) dt.15-02-2025 3/3

paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J.)

Ashishsingh/-

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