Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of the petitioner's antecedents.
Summary
The petitioner, Vijay Kumar, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of one litre of liquor from his motorcycle. He argued that he had a clean antecedent and that the liquor was not in his conscious possession, asserting that his friend Dilip had misused the vehicle without his knowledge. The State opposed the bail. The Court, considering the petitioner's clean record and the circumstances of the alleged offence, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, and directed the trial court to verify his antecedents before confirming the bail. If any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- possession
- vehicle owner
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22054 of 2026
Arising Out of PS. Case No.-1359 Year-2024 Thana- Excise P.S. District- Jamui
======================================================
Vijay Kumar S/o Nandlal Mandal R/o Village - Lakhanpur, P.S - Jamui,
District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar
For the Opposite Party/s : Mr. Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-04-2026 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 Section 30(a) of
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 1 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested 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 no prudent person would
use his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
Patna High Court CR. MISC. No.22054 of 2026(2) dt.07-04-2026
2/3
implicated. It is also submitted that the petitioner was
completely unaware that his friend Dilip would misuse his
vehicle in the manner as alleged who was also apprehended
from the spot along with Pradeep.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Excise Jamui P.S. Case No.1359/2024, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.22054 of 2026(2) dt.07-04-2026
3/3
on verification 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)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.