Allowed¶20

Vikash Kumar Yadav @ Vikash Yadav v. The State of Bihar

Patna HC23 Jun 2026CR. MISC./40534/2026

Case brief

AI extract

What is this about?

Patna High Court; CR. MISC. No.40534 of 2026; Satyavrat Verma, J; order dated 23-06-2026; anticipatory bail; Section 30(a) Bihar Prohibition and Excise (Amendment) Act 2022; Guthani P.S. Case No. 60 of 2026, Siwan; 216 litres liquor recovery from two motorcycles; provisional anticipatory bail Rs.5,000/- with two sureties; antecedent verification and confirmation condition; Section 438(2) Cr.P.C.; Section 482(2) B.N.S.S.

What did the court decide?

Provisional anticipatory bail granted: release on furnishing bail bonds of Rs.5,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S.; confirmation by the Trial Court contingent on verification of the petitioner's criminal antecedents. ¶20

Vikash Kumar Yadav @ Vikash Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Guthani P.S. Case No. 60 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, with an alleged antecedent of one Excise Act case and allegation of recovery of 216 litres of liquor from two motorcycles. +1 more

¶15

Court's answer

Considering the submissions of learned counsel for the petitioner, the petitioner is to be released on provisional anticipatory bail, in the event of arrest or surrender within six weeks, on furnishing bail bonds of Rs.5,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S., to the satisfaction of the learned Trial Court where the case is pending/Successor Court in connection with Guthani P.S. Case No. 60 of 2026.

¶20

Ratio / Principle

Thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner.

¶21

Key takeaways

If verification shows the petitioner has antecedent of more than one case, it would be presumed that he concealed his antecedent before this Court at para 3 of the anticipatory bail application, and in that event the provisional anticipatory bail order shall not be confirmed.ratio¶23
If verification shows the petitioner has antecedent of only one case, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail - offence under Section 30(a), Bihar Prohibition and Excise (Amendment) Act, 2022 - Guthani P.S. Case No. 60 of 2026, District Siwan; alleged recovery of 216 litres of liquor from two motorcycles; petitioner contends he was not arrested from the spot, nothing recovered from his conscious possession and he owns none of the seized vehicles; provisional anticipatory bail granted on bail bonds of Rs.5,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S.; Trial Court directed to verify criminal antecedents - if more than one case found, concealment of antecedents presumed and provisional order not to be confirmed; if only one case found, provisional order to be confirmed forthwith.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40534 of 2026

¶2

Arising Out of PS. Case No.-60 Year-2026 Thana- GUTHANI District- Siwan

¶3

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

¶4

Vikash Kumar Yadav @ Vikash Yadav S/O Amarnath Yadav R/O VillageBahelia, P.S.- Mairwa, Distt.- Siwan (Bihar).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Majid Mahboob Khan, Advocate For the Opposite Party/s : Mr. Md. Shakir Ahmad, A.P.P. ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶11

2 23-06-2026

¶12

Heard learned counsel for the petitioner and

¶13

learned A.P.P. for the State.

¶14

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

¶15

Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 216 litres of liquor from two motorcycles.

¶16

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is not the owner of any of the seized vehicles and came to be implicated at the instance of the local person but then the name of the person who disclosed the name of the

¶17

Patna High Court CR. MISC. No.40534 of 2026(2) dt.23-06-2026 2/3

¶18

petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution, when petitioner has not been implicated based on the secret information. It is next submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically either at the instance of the Chawkidar, local person, confessional statement or secret information without holding a proper investigation of the case.

¶19

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

¶20

Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his arrest or surrender 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 Guthani P.S. Case No. 60 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

¶21

However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than one

¶22

Patna High Court CR. MISC. No.40534 of 2026(2) dt.23-06-2026 3/3

¶23

case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner has antecedent of only one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

¶24

(Satyavrat Verma, J)

¶25

Kundan/-

¶26

U T

Vikash Kumar Yadav @ Vikash Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikash Kumar Yadav @ Vikash Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Syed Faiz Ahmad @ Syed Faiz Vs The State of Bihar

Pinki Kumari Vs The State of Bihar

Ashok Paswan Vs The State of Bihar

Ramchandra Prasad Gupta Vs The State of Bihar

Santosh Ram Sah @ Santosh Ram Vs The State of Bihar

Dhanoj Choudhary Vs The State of Bihar