Patna High Court

Virajan Kumar @ ViranjanversusThe State of Bihar

Decided: 4 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of antecedent.

Summary

Virajan Kumar, a resident of Muzaffarpur, was implicated in a case under Sections 414 and 34 of the IPC read with Section 30(a) of the Bihar Excise Act for allegedly recovering 136.8 litres of liquor from a vehicle. He claimed he had a clean antecedent, was not caught in possession, and was implicated based on secret information without proper investigation. The petitioner sought anticipatory bail, while the State opposed it. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a six‑week window for surrender, directing the trial court to verify his antecedent. The order stipulated that if any prior case 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.
Whether the petitioner’s clean antecedent and lack of possession justify anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)
Indian Penal Code — s. 34, 414

Subjects

anticipatory bail
criminal antecedent
excise law
seizure of liquor
secret information
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29590 of 2026
                     Arising Out of PS. Case No.-161 Year-2021 Thana- KUDHNI District- Muzaffarpur
                 ======================================================
                 Virajan Kumar @ Viranjan son of Jay Mangal Singh @ Jaymangal Resident
                 of Village - Jagdish Kamtaul, (Kamtaul Anant), P.S. - Kudhani, District -
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhineet
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                  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 Sections 414 and 34

                   of the Indian Penal Code read with 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 136.8 liters of liquor from a car.

                                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 is not the

                   owner of the seized vehicle and he came to be implicated based
Patna High Court CR. MISC. No.29590 of 2026(2) dt.04-05-2026
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          on secret information which is the easiest way to implicate

          someone without holding a proper investigation, when petitioner

          admittedly is a person with clean antecedent.

                       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 Kudhni

          P.S. Case No. 161 of 2021 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

          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
            Patna High Court CR. MISC. No.29590 of 2026(2) dt.04-05-2026
                                                        3/3




                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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