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Patna High Court

Vishwajeet Kumar @ Vishwajeet PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Vishwajeet Kumar, sought anticipatory bail in a case involving the alleged seizure of 169.920 litres of English liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, that his name was linked to the case only through a chowkidar’s statement, and that the recovery was made from a co‑accused, not from him, highlighting a procedural lapse under Section 103 of the Bihar Narcotic Substances Act. The State opposed bail, relying on Section 76(2) of the Bihar Prohibition and Excise Act, arguing that pre‑arrest bail is not permissible. The court, referring to the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 PLJR 1089), held that anticipatory bail could be granted despite the statutory bar, subject to strict conditions. Accordingly, the court ordered anticipatory bail on a Rs 10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in a case under the Bihar Prohibition and Excise Act where the petitioner is alleged to have no possession of the seized liquor.
  • Whether Section 76(2) of the Bihar Prohibition and Excise Act bars the grant of anticipatory bail.
  • Whether the alleged non‑compliance with Section 103 of the Bihar Narcotic Substances Act affects the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • seizure of liquor
  • procedural lapse
  • Section 30
  • Section 76
  • Section 438
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20760 of 2026
                   Arising Out of PS. Case No.-642 Year-2022 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Vishwajeet Kumar @ Vishwajeet Pandey S/o Balwant Pandey @ Balwant
                 Kumar Pandey R/o village - Araji Sahbajpur Ward No - 9, P.S - Kajipur ,
                 (Hajipur Sadar), District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                        Heard Mr. Hemant Kumar, learned counsel for the

                   petitioner and Ms. Asha Kumari, learned Additional Public

                   Prosecutor for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Hajipur Sadar P.S. Case No. 642 of 2022, F.I.R

                   dated 15.08.2022 registered for the offences punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                   3. Recovery is of 169.920 liters of English liquor.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that is appears

                   from the FIR that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.20760 of 2026(2) dt.17-04-2026
                                            2/4




          been made from the co-accused, namely, Bhola Pandey @

          Dhananjay Pandey. He further submits that name of the

          petitioner has been transpired on the basis of the disclosure

          made by the local chowkidar and except the aforesaid, no other

          material has come during investigation which suggest the

          involvement of the petitioner in the present occurrence. There is

          non-compliance with mandatory procedure prescribed for

          recovery under Section 103 of the BNSS. No case, whatsoever,

          would be made out against the petitioner under the Bihar

          Prohibition and Excise Act.

                          5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory bail of the

          petitioner referring the provision contained in Section 76(2) of

          the Bihar Prohibition and Excise Act and submitted that the

          pre-arrest bail would not be maintainable.

                          6. This court is aware of the decision of the Full

          Bench in the case of Ram Vinay Yadav vs. State of Bihar

          reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid

          down in the aforesaid judgment and the submission advanced on

          behalf of the parties, this Court, for the limited purpose of grant

          of anticipatory bail, is inclined to accept the submission of

          counsel for the petitioner.
Patna High Court CR. MISC. No.20760 of 2026(2) dt.17-04-2026
                                            3/4




                          7.     Considering         the       aforesaid   facts   and

          circumstances of the case, let the petitioner, above named, in

          the event of his arrest or surrender before the court below within

          a period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the Exclusive Special Excise Court No. 1 - cum-

          Additional District & Sessions Judge, Vaishali at Hajipur in

          connection with Hajipur Sadar P.S. Case No. 642 of 2022,

          subject to the conditions as laid down under Section 438(2) of

          the Code of Criminal Procedure and with other following

          conditions:-

                          i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                          ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                           iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at
            Patna High Court CR. MISC. No.20760 of 2026(2) dt.17-04-2026
                                                        4/4




                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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