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Patna High Court

Vishwanth KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted, subject to verification of the petitioner’s antecedent, and will be confirmed if no prior cases are found.

Summary

The petitioner, Vishwanth Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 320 litres of liquor from a location near the Sone River and 40 litres from a motorcycle. He contended that the liquor was not found in his conscious possession and that he was only the owner of the vehicle used, claiming ignorance of his friend's alleged misuse of the vehicle. The State opposed his request for anticipatory bail. The Court, considering the petitioner's clean antecedent and the circumstances, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties, pending verification of his criminal record by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s ownership of the vehicle, without possession of the liquor, suffices to deny culpability.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • liquor seizure
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18061 of 2026
                         Arising Out of PS. Case No.-201 Year-2025 Thana- BIHTA District- Patna
                 ======================================================
                 Vishwanth Kumar Son of Late Tipan Singh R/o Village - Kopa Kala, P.O. -
                 Naubatpur, P.S. - Naubatpur, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajit Kumar
                 For the Opposite Party/s :       Mr. Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   15-05-2026                  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 320 liters of liquor from a place near Sone river

                   along with 40 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 recovery of 320 liters of liquor
Patna High Court CR. MISC. No.18061 of 2026(3) dt.15-05-2026
                                            2/3




          is from a place which does not belong to the petitioner and no

          prudent person would use his own vehicle for committing an

          occurrence and thus would create evidence against himself and

          hence would get implicated, it is also submitted that petitioner

          was completely unaware that his friend would misuse the

          vehicle in the manner as alleged who also fled 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 Bihta P.S.

          Case No. 201 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
            Patna High Court CR. MISC. No.18061 of 2026(3) dt.15-05-2026
                                                        3/3




                      Court, as such, the provisional 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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