Allowed¶23

Vikas Sah @ Vikas Kumar Sah v. The State of Bihar

Patna HC11 Feb 2026CR. MISC./79068/2025

Case brief

AI extract

What is this about?

Anticipatory bail; B.N.S. Sections 303(1)/317(4); diesel recovery 160 litres; unauthorised sale not evidenced; farmer family; irrigation use; no criminal antecedent; bail bond Rs. 10,000 with two sureties; Section 482(2) B.N.S.S. condition; Kotwa P.S. Case No. 269 of 2025; East Champaran; CJM Motihari; Patna High Court Cr. Misc. No.79068 of 2025; decided 11-02-2026; Ramesh Chand Malviya, J.

What did the court decide?

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the trial court within six weeks, on bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned CJM, Motihari, East Champaran, in connection with Kotwa P.S. Case No. 269 of 2025, subject to the condition laid down under Section 482(2) of B.N.S.S. ¶23

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in connection with Kotwa P.S. Case No. 269 of 2025 registered under Sections 303(1)/317(4) B.N.S., is entitled to be released on bail in the event of his arrest (anticipatory bail).

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Court's answer

Total 160 litres of diesel was recovered from the petitioner's possession, but there is no evidence that the recovered diesel was being sold to anybody else.

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Ratio / Principle

The petitioner belongs to a family of farmers and the recovered materials are those used by farmers for irrigation and other purposes.

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Key takeaways

The petitioner has no criminal antecedent, as stated in paragraph no. 3 of the bail petition.ratio¶22
Considering the facts and circumstances and the petitioner's submissions, the petitioner was ordered to be released on bail in the event of his arrest or surrender before the trial court within six weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran, subject to the condition laid down under Section 482(2) of B.N.S.S.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.) allowed an anticipatory bail application arising out of Kotwa P.S. Case No. 269 of 2025, registered for offences punishable under Sections 303(1)/317(4) of B.N.S. On a raid following secret information that the petitioner was unauthorisedly selling diesel, 160 litres of diesel alongwith measuring materials were seized; the petitioner escaped and the F.I.R. followed. The Court noted that although 160 litres of diesel were recovered from his possession, there was no evidence that the diesel was being sold to anybody else; the petitioner belonged to a farming family and the recovered materials were of the kind used by farmers for irrigation and other purposes; and he had no criminal antecedent. Holding so, the Court directed release on bail in the event of arrest or surrender within six weeks on a bail bond of Rs. 10,000/- with two like sureties to the satisfaction of the learned CJM, Motihari, East Champaran, subject to the condition laid down under Section 482(2) of B.N.S.S.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79068 of 2025

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Arising Out of PS. Case No.-269 Year-2025 Thana- KOTWA District- East Champaran

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

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Vikas Sah @ Vikas Kumar Sah S/O Shambhu Sah Resident of Vill- Shihorwa, Karariya, P.S.- Kotwa, Dist- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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Arun Kumar, S.I. Kotwa Police Station, District-East Champaran

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District Supply Officer Motihari, East Champaran

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... ... Opposite Party/s

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

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For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 11-02-2026

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner apprehends his arrest in connection with Kotwa P.S Case No. 269 of 2025 registered for the offences punishable under Sections 303(1)/317(4) of B.N.S.

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As per the prosecution case, the informant alleged that on secret information that the petitioner is in a business of unathorisedly selling the diesel, the place was raided and there is recovery/seizure of 160 litre diesel alongwith the materials to measure the diesel. The petitioner managed to escape. This led to the F.I.R.

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Learned counsel for the petitioner submits that

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Patna High Court CR. MISC. No.79068 of 2025(3) dt.11-02-2026 2/3

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petitioner has falsely been implicated in this case. It is next submitted that petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

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Learned counsel for the State opposes the prayer for bail of the petitioner.

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From perusal of the F.I.R., impugned order and materials available on record it appears that total 160 litre of diesel recovered from the possession of the petitioner and there is no evidence on the point that the recovered diesel in question was being sold to anybody else. It appears that petitioner belongs to a family of farmer and recovered materials used by farmer for irrigation and other purpose. Petitioner has got no criminal antecedent as stated in paragraph no. 3 of the bail petition.

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Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner, let the above named petitioner be released on bail in the event of his arrest or surrender before the trial court within a period of six 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 CJM, Motihari, East Champaran in connection with Kotwa P.S Case No. 269 of 2025 subject to the

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Patna High Court CR. MISC. No.79068 of 2025(3) dt.11-02-2026 3/3

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condition laid down under Section 482(2) of B.N.S.S.

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(Ramesh Chand Malviya, J)

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Mayank/-

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U T

Vikas Sah @ Vikas Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vikas Sah @ Vikas Kumar Sah 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

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