Patna High Court
Vishal Kumar @ Khakhan RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner's antecedents.
Summary
The petitioner, Vishal Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 100 litres of liquor. He argued that he was not arrested at the scene, that the liquor was recovered from a public place, and that a watchman, with whom he has a hostile relationship, implicated him without prior police notification. The State opposed the bail, contending the seriousness of the offence and the petitioner's prior three excise cases. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.15,000 with two sureties, subject to verification of his criminal antecedents. It further stipulated that if more than three prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only three antecedents are verified.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. to a person accused of an offence under Section 30(a) of the Excise Act.
- Whether the petitioner's lack of possession of the alleged liquor and alleged false implication by a watchman justify granting bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- Section 30(a)
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31248 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- DORIGANJ District- Saran
======================================================
Vishal Kumar @ Khakhan Rai Son of Kishor Rai @ Rajkishor Rai Resident
of Village- Purbi Balua (Kansh Diyar), P.S.- Doriganj, District- Saran at
Chapra- 841216
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 100 litres of liquor from a road
temple.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.31248 of 2026(3) dt.22-06-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chaukidar with whom he is on an inimical
term. It is further submitted that if Chaukidar was aware of the
involvement of the petitioner in the occurrence, then why he did
not inform the police prior to institution of the present F.I.R.,
which casts an aspersion on the case of the prosecution. M It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) 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 Doriganj P. S. Case No.202 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.31248 of 2026(3) dt.22-06-2026
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7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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