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

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

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail in the event of arrest or surrender within four weeks, on a 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 Judge Excise-I, Begusarai, in Muffasil P.S. Case No.122 of 2024, subject to the conditions under Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioner, not named in the FIR and apprehending arrest in Muffasil P.S. Case No.122 of 2024 under the Bihar Prohibition and Excise Act, should be released on anticipatory bail. +1 more

Court's answer

Anticipatory bail granted: the petitioner, in the event of his arrest or surrender before the court below within four weeks, is directed to be released on bail on furnishing a 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 Judge Excise-I, Begusarai, in connection with Muffasil P.S. Case No.122 of 2024, subject to the conditions laid down under Section 482(2) of the BNSS.

Ratio / Principle

The court proceeded on the prima facie view that the recovery of illicit liquor does not appear to have been made from the physical possession of the petitioner, who is a man of clean antecedent; this formed the basis for allowing the anticipatory bail prayer.

Key takeaways

Bail to be furnished with two sureties of the like amount each before the learned Exclusive Special Judge Excise-I, Begusarai, in connection with Muffasil P.S. Case No.122 of 2024, subject to the conditions laid down under Section 482(2) of the BNSS.ratio¶23

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.45513 of 2026 (order dated 08-07-2026, Chandra Shekhar Jha, J.): Anticipatory bail granted to Vikash Kumar Roy, who is not named in the FIR in Muffasil P.S. Case No.122 of 2024 (Begusarai Muffasil PS) registered under Sections 30(a), 32(i)(ii), 36 and 41(i)(ii) of the Bihar Prohibition and Excise Act, alleging illegal trade/manufacturing of illicit liquor with recovery of 6831 litres of IMFL/country-made liquor from truck bearing Registration No. NL01AA 9853; the petitioner was allegedly arrayed solely because the truck driver disclosed his phone number, and the seizure list was said to lack independent witnesses. Taking note that the recovery prima facie did not appear to be from the petitioner's physical possession and that he is a man of clean antecedent, the Court directed release on bail in the event of arrest or surrender within four weeks on a bond of Rs.10,000/- with two sureties of the like amount each before the learned Exclusive Special Judge Excise-I, Begusarai, subject to the conditions under Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45513 of 2026

Arising Out of PS. Case No.-122 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai

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

Vikash Kumar Roy S/o Bijay Kumar Ray R/o M/578 Sudamdih, River side, P.S.- Chelyagi, District- Dhanbad, State- Jharkhand

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Anish Kumar, Advocate For the Opposite Party : Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 08-07-2026

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The accused/petitioner is not named in the FIR

and apprehending his arrest in connection with Muffasil P.S. Case No.122 of 2024 registered under Sections 30(a), 32(i)

(ii), 36 and 41(i)(ii) of Bihar Prohibition and Excise Act.

Allegation against the petitioner is to engage in

illegal trade/manufacturing of illicit liquor, where there is recovery of 6831 litres of IMFL/country-made liquor.

It is submitted by learned counsel appearing for

the petitioner that the recovery of alleged illicit liquor was made from a truck, bearing Registration No. NL01AA 9853,

Patna High Court CR. MISC. No.45513 of 2026(2) dt.08-07-2026 2/3

which was involved in carrying illegal consignment of liquor. It is also submitted that name of petitioner arrayed solely for the reason because the driver of the said truck disclosed the phone no. of petitioner alleging involvement of petitioner in the present case. It is further submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. It is pointed out that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. Petitioner claimed clean antecedent.

Learned APP opposed the prayer of anticipatory bail to the petitioner.

In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.45513 of 2026(2) dt.08-07-2026 3/3

sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise- I, Begusarai, in connection with Muffasil P.S. Case No.122 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

Aniket/-

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