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Patna High Court

Vijay Sah @ Vijay Kumar ShzhversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent.

Summary

The petitioner, Vijay Sah, was implicated in a case under IPC Sections 274 and 275 and Section 30(a) of the Bihar Excise Act for allegedly possessing 39.455 litres of liquor seized from his motorcycle. He argued that he has a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, merely being the owner of the vehicle used by another person. The State opposed his request for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed upon verification of his clean record.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the allegations under IPC Sections 274, 275 and the Bihar Excise Act.
  • Whether ownership of the vehicle, without conscious possession of the seized liquor, is sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 274
  • IPC 275
  • Bihar Excise Act
  • vehicle ownership
  • clean antecedent
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15554 of 2026
                   Arising Out of PS. Case No.-176 Year-2025 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Vijay Sah @ Vijay Kumar Shzh S/o Brijmohan Sah R/o - Shubhmkarpur Bira,
                 P.S - Darbhanga Sadar, District - Darbhanga

                                                                                  ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saroj Kumar Choudhary, Advocate
                 For the Opposite Party/s :      Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-03-2026                     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 Sections 274 and

                   275 of IPC and 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 39.455 liters of liquor from a motorcycle.

                                   4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and 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.15554 of 2026(2) dt.16-03-2026
                                            2/3




          create evidence against himself and hence would get implicated.

          It is also submitted that petitioner was totally unaware that

          Balram would misuse the vehicle in the manner as alleged in the

          FIR.

                          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 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 Madhwapur P.S. Case No. 176 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.15554 of 2026(2) dt.16-03-2026
                                                       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)
Gaurav Sinha/-

U      T


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