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Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents.

Summary

The petitioner, Vishal Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 318(4), 338, 336(3), 61(2) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the alleged recovery of 9.75 litres of liquor from a vehicle he owned. He argued that he was not present at the spot of seizure, no liquor was found in his possession, and he had a clean criminal record, contending that the vehicle was misused by others without his knowledge. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s antecedents by the trial court. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Cr.P.C. in view of the alleged offences under the B.N.S. Act and the Prohibition Act.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • liquor seizure
  • vehicle ownership
  • Bihar Narcotic Substances Act
  • Bihar Prohibition Act
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21535 of 2026
                      Arising Out of PS. Case No.-282 Year-2025 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Vishal Kumar S/o Jyoti Kumar Ray Resident of Village- Raydeeh, Katesar,
                 Police Station- Bihta, District- Patna
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  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 offence punishable under Sections 318(4),

                   338, 336(3) and 61(2) of the BNS, 2023 as well as Section 30(a)

                   of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 9.750 litres of liquor from a Brazza and a Thar.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized Thar. It is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.21535 of 2026(2) dt.01-04-2026
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          and, thus, would create evidence against himself and, hence,

          would get implicated. It is also submitted that petitioner was

          completely unaware that Aditya Kumar would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot along with Devendra Prasad.

                       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, let 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 Koilwar P.S. Case No. 282 of 2025, subject

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

          Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.21535 of 2026(2) dt.01-04-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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