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Patna High Court

Saroj Kumar VishwasversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
                                                          3/3




                        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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