Patna High Court
Vivek Kumar @ Vivek Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with bail conditions.
Summary
Vivek Kumar sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 4.5 litres of liquor recovered from a motorcycle. He argued that he had no conscious possession, was not the vehicle's owner, and was implicated by a watchman with whom he had a hostile relationship. The State opposed the bail. The court granted provisional anticipatory bail, requiring a bail bond of Rs. 500 with two sureties and directing the trial court to verify the petitioner’s criminal antecedent. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed upon verification. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify provisional bail.
- Whether the trial court should verify the petitioner’s criminal antecedent before confirming bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- provisional bail
- clean antecedent
- criminal antecedent verification
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32975 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- ISUAPUR District- Saran
======================================================
Vivek Kumar @ Vivek Kumar Sah S/o Nand Kumar Sah Resident of Village -
Akhitpur, Achitpur, Police Station - Isuapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashad
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 4.5 litres of liquor from a motorcycle.
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 is not the owner of
the seized vehicle 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
Patna High Court CR. MISC. No.32975 of 2026(2) dt.14-05-2026
2/3
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.
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 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 Isuapur P.S. Case No. 89 of 2026 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
Patna High Court CR. MISC. No.32975 of 2026(2) dt.14-05-2026
3/3
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.