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Patna High Court

Vijendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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          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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