Allowed¶20

Vikash Kumar v. The State of Bihar

Patna HC17 Feb 2026CR. MISC./9055/2026

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; pre-arrest bail; Section 482(2) BNSS; Bihar Prohibition & Excise Act 2016; Section 30(a) illicit liquor trafficking; Section 76(2) Excise Act bar; registered owner of motorcycle/vehicle; owner implicated without knowledge; clean antecedents; Amba P.S. Case No. 133 of 2025, Aurangabad; CR. MISC. No. 9055 of 2026; Justice Shailendra Singh. Disposition: allowed — release on Rs. 20,000/- bond with two sureties of like amount, surrender window six weeks.

What did the court decide?

Anticipatory bail: release upon arrest or surrender before the learned Court below within six weeks, on bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS. ¶20

Vikash Kumar 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 anticipatory bail can be granted to the petitioner, who apprehends arrest in connection with Amba P.S. Case No. 133 of 2025 (registered for an offence under section 30(a) of the Bihar Prohibition & Excise Act, 2016) and is implicated mainly as the registered owner of one of the motorcycles from which illicit liquor was allegedly recovered. +1 more

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Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned Court below within six weeks, the petitioner is to be released on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the Court concerned, in connection with Amba P.S. Case No. 133 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS.

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Ratio / Principle

The relief was extended on consideration of the facts and circumstances of the case, the submissions advanced before the Court (including that the petitioner was arraigned mainly as the registered owner of one of the seized motorcycles and that his past history is clean) and the petitioner's own pleas; no express finding is recorded in this judgment on whether the section 76(2) bar of the Excise Act applies.

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Detailed headnote1 paragraphs

Cr. Misc. No. 9055 of 2026 (Patna High Court) (Shailendra Singh, J.) (decided 17-02-2026): Anticipatory bail allowed to Vikash Kumar, apprehending arrest in Amba P.S. Case No. 133 of 2025 dated 29.08.2025 (District Aurangabad) for an offence under section 30(a) of the Bihar Prohibition & Excise Act, 2016, arising from alleged recovery of illicit liquor from persons riding three motorcycles. The petitioner was implicated mainly as the registered owner of one of the seized motorcycles; counsel argued the Excise Act offences do not prima facie attract against him and that the prayer is not barred by section 76(2) of the Excise Act; the APP opposed but conceded the registered-owner basis. The Court granted bail on the facts, the submissions and the petitioner's pleas, ordering release on arrest or surrender within six weeks on a Rs. 20,000/- bond with two like sureties, subject to section 482(2) BNSS conditions. No express ruling was recorded on the applicability of section 76(2).

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9055 of 2026

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Arising Out of PS. Case No.-133 Year-2025 Thana- AMBA District- Aurangabad

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

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Vikash Kumar, Son of Rajendra Chaudhary R/o Wasilpur, P.S. and P.O. - Arwal, Dist. - Arwal.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms. Shalini, Adv. Mr. Santosh Kumar, Adv. Mr. Shubhendu Shekhar, Adv. Mr. Md. Khalid Quraishi, Adv. For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 17-02-2026 Heard the parties.

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2. The petitioner apprehends his arrest in

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connection with Amba P.S. Case No. 133 of 2025 dated 29.08.2025 registered for the offence punishable under section 30(a) of the Bihar Prohibition & Excise Act, 2016 (in short ‘Excise Act’).

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3. The main submissions advanced by petitioner’s counsel are that as per the prosecution story, three motorcycles were suspected to be involved in trafficking of illicit liquor and they were stopped by the police and all the persons riding on those motorcycles were apprehended and from the possession of apprehended Ritesh Kumar, who was riding on a black Pulsor

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Patna High Court CR. MISC. No.9055 of 2026(2) dt.17-02-2026 2/3

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motorcycle, from the possession of Sonu Kumar, who was riding on a Bullet and from the possession of Ajit Kumar, who was riding on a Hero Ignitor motorcycle, the alleged liquor was recovered. It is further submitted that the petitioner has been made accused in the present matter mainly on account of he being the registered owner of one of the seized motorcycles, no doubt the same belongs to the petitioner but the alleged trafficking of liquor was made without his knowledge and he bears no criminal antecedent and his past history is completely clean, hence, the alleged offences punishable under the Excise Act, under which the FIR has been registered, do not attract even prima facie against this petitioner, so, his prayer for anticipatory bail is not hit by the provisions of section 76(2) of the Excise Act.

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4. Though learned APP appearing for the State has opposed the prayer of the petitioner but fairly accepts that the petitioner has been made accused in the present matter mainly on account of he being the registered owner of one of the seized motorcycles.

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5. In the facts and circumstances of this case as well as considering the submissions as stated above, coupled with the pleas of the petitioner, this Court is inclined to grant the relief of

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Patna High Court CR. MISC. No.9055 of 2026(2) dt.17-02-2026 3/3

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anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Amba P.S. Case No. 133 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

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(Shailendra Singh, J)

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annu/-

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U T

Vikash Kumar v. The State of Bihar

Case brief

What is this about?

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Vikash Kumar v. The State of Bihar

Case brief

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