Patna High Court
Saroj Kumar VishwasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Saroj Kumar Vishwas, the owner of a vehicle from which 4.875 litres of illegal foreign liquor was seized, sought anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that the liquor was found in the vehicle during a police raid, invoking Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he had no physical possession of the contraband, had no criminal antecedent, and was implicated merely as the vehicle owner. The court noted the absence of any recovery from the petitioner’s personal possession and his clean record, and therefore granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the investigation and verification of his antecedents. The order also directed that any concealment of criminal antecedent could lead to cancellation of the bail.
Issues considered
- Whether anticipatory bail can be granted when the accused is only the owner of the vehicle in which illegal liquor was found and not in physical possession of the contraband.
- Whether the owner can be held liable under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate in this bail order.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal antecedent
- Section 30(a)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10710 of 2026
Arising Out of PS. Case No.-138 Year-2025 Thana- BALIA BELON District- Katihar
======================================================
Saroj Kumar Vishwas S/o Kailash Vishwas Resident of - Sikoma @ Sikorna
P.S - Kadwa, District - Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Adv
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Balia Belon P.S. Case No. 138 of 2025, registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that on
03.09.2025, the informant proceeded for patrolling along with
other police personnels. During search of the vehicle at Futani
Chowk Meenapur, a motorcycle was coming from Panchgachi
Dam side, the raiding party stopped the aforesaid vehicle, but
motorcycle rider was succeeded to flee away leaving the
motorcycle by taking advantage of darkness. Upon search, total
04.875 liters illegal foreign liquor was recovered which was
Patna High Court CR. MISC. No.10710 of 2026(2) dt.17-02-2026
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kept in dikky of the said vehicle. Thus, seizure list was
accordingly prepared. Hence, the F.I.R.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. He further submits that the petitioner has been
implicated because he is the owner of the seized vehicle.
Nothing has been recovered from the conscious physical
possession of the petitioner. He further submits that the
petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that no recovery has been
made from the conscious physical possession of the petitioner
and he has simply been implicated because he is the owner of
the seized vehicle as also that the petitioner has clean
antecedent, this Court is inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Judge
Patna High Court CR. MISC. No.10710 of 2026(2) dt.17-02-2026
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Excise Court No. 1, Katihar in connection with Balia Belon P.S.
Case No. 138 of 2025, subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
as also further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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