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Patna High Court

Vishal DixonversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of his antecedent.

Summary

The petitioner, Vishal Dixon, owner of a vehicle from which 420 litres of liquor were seized, applied for anticipatory bail, arguing he had no conscious possession of the liquor and had merely rented the car to a ride‑sharing service. He contended that the police implicated him solely because he was the vehicle owner, despite the actual accused being arrested at the scene. The State opposed the bail. The High Court, considering the petitioner’s clean antecedent and the lack of direct involvement, directed provisional anticipatory bail on a bail bond of Rs.500 with two sureties, subject to verification of his criminal record and compliance with Section 482(2) of the B.N.S.S. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the vehicle owner accused of liquor possession under the Bihar Prohibition and Excise (Amendment) Act.
  • Whether ownership of the vehicle, without proof of conscious possession, suffices to deny anticipatory bail.
  • Whether the petitioner’s antecedent record affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1353 of 2026
                     Arising Out of PS. Case No.-221 Year-2025 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
                 Vishal Dixon S/O Vinod Dixon R/O - Flat No.- 27, Block C- 8, Sector - 23B,
                 Dwarka, South West- Delhi 110077

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vishal Prasad, Advocate
                 For the Opposite Party/s :      Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a) and 41(1) of

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 420 litres of liquor from a car. It is next submitted

                   that petitioner was not arrested 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.1353 of 2026(2) dt.21-01-2026
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          create evidence against himself and hence, would get

          implicated. It is also submitted that petitioner had rented his car

          to Zoom Car Service and the apprehended accused Rohit Kumar

          Singh and Vicky Singh had booked the car, who were also

          arrested from the spot, but then police in mechanical manner

          implicated the petitioner merely for the reason that petitioner is

          the owner of the seized vehicle.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Court No.3, Civil Court, East Champaran, Motihari in

          connection with Dumariyaghat P.S. Case No.221 of 2025,

          subject to the conditions laid down under Section 482(2) of the

          B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after
           Patna High Court CR. MISC. No.1353 of 2026(2) dt.21-01-2026
                                                       3/3




                     accepting the provisional bail bond of the petitioner 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 obtaining

                     anticipatory bail had concealed his antecedent before this Court,

                     in that event, the present provisional anticipatory bail order shall

                     not be confirmed, but if on verification, 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)

Sanjay/-

U


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