Patna High Court
Vishal Kumar @ Vishal Singh @ Kanhaiya Singh @ Khainaya Singh @ Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner’s multiple prior criminal antecedents of a similar nature warranted refusal of relief.
Summary
The petitioner, Vishal Kumar, was implicated in a case (PS Case No. 92 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 504 litres of illicit liquor were seized from two trucks. The petitioner argued that he neither owned nor drove the vehicles and that no incriminating material was found in his possession, seeking anticipatory bail. The State opposed the bail, highlighting that the petitioner has seven prior criminal antecedents, six of which are of a similar nature. The court considered the relevance of the petitioner’s criminal history in assessing the risk of his fleeing or tampering with evidence. Consequently, the court refused the petition for anticipatory bail, holding that the antecedents warranted denial of relief.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances
- Whether the petitioner’s prior criminal antecedents justify refusal of anticipatory bail
Subjects
- anticipatory bail
- criminal antecedents
- Bihar Prohibition and Excise Act
- illicit liquor
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19978 of 2026
Arising Out of PS. Case No.-92 Year-2025 Thana- PACHMAHLA District- Patna
======================================================
Vishal Kumar @ Vishal Singh @ Kanhaiya Singh @ Khainaya Singh @
Kanhaiya Kumar S/O Navin Singh R/O Village- Babhanganwan, P.S- Birpur,
District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Panchmahla P. S.
Case No. 92 of 2025 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 504 liters illicit liquor was
recovered from two seized trucks.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicles in question. He has been made accused in
this case only on suspicion.
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that petitioner has got seven criminal
Patna High Court CR. MISC. No.19978 of 2026(2) dt.08-04-2026
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antecedents out of which six are of similar nature.
6. Considering the criminal antecedents of similar
nature, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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