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Patna High Court

Vishal Kumar @ Vishal RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of antecedents, with confirmation contingent on the trial court’s findings.

Summary

The petitioner, Vishal Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(c) of the Bihar Excise Act, alleging recovery of liquor and semi‑prepared spirits from a public area near the Ganga River. He contended that nothing was seized from his possession, the alleged site did not belong to him, and that a hostile chowkidar had implicated him without prior police notification, casting doubt on the investigation. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. It further held that if more than two prior cases are found, the bail would not be confirmed, but if only two are found, the provisional order would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in a case under Sections 30(a) and 30(c) of the Bihar Excise Act.
  • Whether the alleged facts and lack of possession justify denial of bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the police investigation and the role of the chowkidar render the FIR infirm.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • Bihar Excise Act
  • Section 30
  • Section 482
  • criminal antecedent
  • public place
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31570 of 2026
                    Arising Out of PS. Case No.-48 Year-2026 Thana- GANGABRIDGE District- Vaishali
                 ======================================================
                 Vishal Kumar @ Vishal Ray S/o Vijay Rai @ Vijay Ray Resident of village -
                 Diwantok / Terasiya, P.S - Ganga Bridge, District - Vaishali

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

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

2   12-05-2026               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 30(a) and

                   30(c) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 200 litres of liquor from diyara area

                   near Ganga river along with 20,000 litres of semi-prepared jawa

                   mahua, which was destroyed.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.31570 of 2026(2) dt.12-05-2026
                                            2/3




          and is accessible to public at large and he came to be implicated

          at the instance of Chowkidar with whom he is on an inimical

          term. It is next submitted that if Chowkidar was aware about

          the involvement of the petitioner in the occurrence, then why he

          did not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution. It is

          further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                   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.

          10,000/- (Rupees Ten 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 Ganga

          Bridge P.S. Case No. 48 of 2026, subject to the conditions as
              Patna High Court CR. MISC. No.31570 of 2026(2) dt.12-05-2026
                                                          3/3




                        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 more

                        than two cases 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 has antecedent of two

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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