Dismissed¶21

Viccky Kumar v. The State of Bihar

Anticipatory bail – Section 30(a), Bihar Prohibition and Excise (Amendment) Act, 2022

Patna HC1 Jul 2026CR. MISC./42080/2026

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What is this about?

Anticipatory bail rejected by Patna High Court (Cr. Misc. No.42080 of 2026, Viccky Kumar v. The State of Bihar, Dr. Anshuman, J., order dated 01-07-2026): illicit liquor recovery 25.345 litres, Maner P.S. Case No. 252 of 2026, Section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2022, criminal antecedent (pending Excise Act case), conditional direction to Trial Court to decide surrender-cum-bail application same day on merits within 4-week surrender window, Special Excise Judge Danapur, Patna.

What did the court decide?

In the present facts and circumstances the Court is not inclined to grant bail; the prayer for anticipatory bail of the petitioner stands rejected. ¶21

Viccky Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42080 of 2026

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Arising Out of PS. Case No.-252 Year-2026 Thana- MANER District- Patna

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

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Viccky Kumar Son of Ramnath Rai Resident of Village- Maner Tola, P.S.Maner, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manoranjan Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 01-07-2026

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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The petitioner is apprehending arrest in connection

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with Maner P.S. Case No. 252 of 2026 lodged on 16.03.2026, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, pending in the Court of Special Excise Judge, Danapur, Patna.

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As per the prosecution, FIR has been lodged against 08 named accused persons including the present petitioner and owner of a motorcycle. Total recovery of 25.345 litres of illicit liquor has been made, which is the subject matter of the present case.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious

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Patna High Court CR. MISC. No.42080 of 2026(2) dt.01-07-2026 2/2

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possession of the petitioner and his name has figured in this case on the basis of confessional statement of co-accused persons. He further submits that the criminal antecedent of the petitioner is not clean as there is one case pending against him.

¶20

Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean as there is one case pending against him which is registered under Excise Act and this aspect must be taken into consideration.

¶21

As such, in the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

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However, if petitioner surrenders before the concerned Trial Court within a period of 4 weeks from today then in that case, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day, without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.

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(Dr. Anshuman, J)

¶24

Divyansh/-

Viccky Kumar v. The State of Bihar

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Viccky Kumar v. The State of Bihar

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