Patna High Court
Vishwajeet Kumar @ RishuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
In the absence of any material recovered from the accused and on the basis of alleged false implication, the court held that pre‑arrest bail may be granted subject to conditions.
Summary
Vishwajeet Kumar was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 21.960 litres of foreign liquor from a husk, although no liquor was seized from his possession. He claimed that he was falsely implicated based on his mother’s statement, asserting no involvement in any liquor trade. The State opposed his request for pre‑arrest bail. The High Court noted the absence of any material recovered from the accused and considered the possibility of false implication, directing that he be released on pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and compliance with Section 438(2) CrPC and Section 482(2) CrPC. The Court also ordered the District Court to verify his criminal antecedents, stating that the bail order would lapse if he is found involved in other cases. The bail application was disposed with the grant of pre‑arrest bail.
Issues considered
- Whether pre‑arrest bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act where no contraband was recovered from his possession?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- foreign liquor
- false implication
- CrPC Section 438
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30293 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- GOPALPUR District- Patna
======================================================
Vishwajeet Kumar @ Rishu S/O Vidya Ray @ Vidya Prasad R/O- Shahpur
Bodhichak, P.S.- Gopalpur, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd Singh, Advocate.
For the Opposite Party/s : Mr. Suman Kumari Singh, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Gopalpur P.S. Case No. 71 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, as amended uptodate.
3. Allegation is of recovery of 21.960 litres of foreign
liquor from husk.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner has been falsely
implicated in the case. He has no concern either with the seized
liquor or trade of liquor in any manner. The mother of the
petitioner was arrested on the spot and on the basis of her
statement, the petitioner has been made accused in the present
Patna High Court CR. MISC. No.30293 of 2026(2) dt.13-05-2026
2/2
case. No recovery has been made from the possession of the
petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the fact that no recovery has been made from the
possession of the petitioner rather recovery is from husk, the
petitioner, above named, is directed to be released on pre-arrest
bail, in the event of his arrest or surrender before the Court
below within a period of four weeks from today, on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the
like amount each to the satisfaction of learned District Court
where the case is pending in connection with Gopalpur P.S.
Case No. 71 of 2026, subject to the condition as laid down
under Section 438(2) of the Cr.P.C / Section 482 (2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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