Patna High Court
Vijendra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Vijendra Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 75 litres of liquor from his motorcycle. He argued he has a clean antecedent, was not in possession of the liquor, and was implicated merely as the vehicle owner, unaware that another person, Vishnu, misused the vehicle. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on the petitioner furnishing bail bonds and sureties, and directed verification of his criminal antecedent. If any prior case is found, the bail will not be confirmed; if his antecedent is clean, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged involvement in an offence under Section 30(a) of the Bihar Excise Act
- Whether ownership of the vehicle, without possession of the contraband, suffices to justify denial of anticipatory bail
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- vehicle ownership
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11757 of 2026
Arising Out of PS. Case No.-84 Year-2025 Thana- DARIHAT District- Rohtas
======================================================
Vijendra Singh Son of Late Jagropan Singh Resident of Village- Karpurwa,
P.S.- Darigaon Sasaram (M), District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 75 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.11757 of 2026(2) dt.24-02-2026
2/3
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Vishnu would misuse the vehicle in the manner as alleged
who was also arrested from the spot.
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.
500/- (Rupees Five Hundred) 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 Darihat
P.S. Case No. 84 of 2025 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 even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.11757 of 2026(2) dt.24-02-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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