CR. MISC./57882/2026 of Vikash Kumar @ Vikash Bin Nishad Vs The State of Bihar on 21 August 2026

ORAL ORDER

21-08-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 111 and 132 of BNS, Section 30(a) of the Bihar Excise Act and Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of four cases out of which three cases are under the Excise Act and allegation is of recovery of 974.76 litres of liquor from two motorcycles.

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of Patna High Court CR. MISC. No.57882 of 2026(2) dt.21-08-2026

the seized vehicle and he came to be implicated based on confessional statement of Sonu in police custody which does not have any evidentiary value. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.

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

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty 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 Revilganj P.S. Case No. 326 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than four cases then it would be presumed that petitioner, for the purposes of Patna High Court CR. MISC. No.57882 of 2026(2) dt.21-08-2026

seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of four cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

Sumit/- (Satyavrat Verma, J) U T