Patna High Court
Vinay Kumar VishwakarmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that the petitioner is entitled to anticipatory bail as he was not present at the scene, had handed over the car in good faith, and no procedural lapse justified denial of bail.
Summary
Vinay Kumar Vishwakarma, the owner of a car from which 61.5 litres of foreign liquor was seized, applied for anticipatory bail after co‑accused Mukesh Pandey and Adarsh Kumar were arrested under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act. The petitioner contended that he was not present at the seizure, had handed over the vehicle in good faith, and was unaware of any illegal activity, also alleging that the required procedure under Section 105 BNSS was not followed. The State opposed the bail, arguing the seriousness of the offence. The Court examined the facts, noting the petitioner’s lack of knowledge and control over the vehicle at the time of seizure. Relying on Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, the Court granted anticipatory bail, subject to a bail bond of Rs 10,000 and two sureties, to be surrendered within six weeks. The order also imposed conditions as prescribed by the Special Excise Court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita in a case involving alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act.
- Whether the alleged non‑compliance with Section 105 BNSS affects the grant of anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32(3)
- BNSS — s. 105
Subjects
- anticipatory bail
- excise law
- foreign liquor seizure
- procedural lapse
- Section 482
- Bihar Prohibition Act
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34401 of 2026
Arising Out of PS. Case No.-1590 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Vinay Kumar Vishwakarma S/O Sant Vishwakarma @ Sant Kumar
Vishwakarma Resident of Village- Raj Ganj, P.S.- Raj Ganj, District-
Dhanbad, Jharkhand.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Mr.Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Gaya Excise P.S. Case No. 1590 of 2025, registered for the
offence punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Amendment Act.
3. As per allegation, 61.500 liters of foreign liquor
was recovered from a car and co-accused persons, namely,
Mukesh Pandey and Adarsh Kumar were arrested.
4. Learned counsel for the petitioner has submitted
that petitioner happens to be the owner of the car in question
from which alleged recovery has been made. It has further been
submitted that the petitioner was not present at the spot. It has
also been submitted that the petitioner has given the car to the
apprehended accused person on good faith and was not aware of
Patna High Court CR. MISC. No.34401 of 2026(2) dt.19-05-2026
2/2
the evil designs of the accused persons and when the seizure
was made, the car was not under control of the petitioner. It has
further been submitted that no procedure prescribed under
Section 105 BNSS was followed.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Excise Court No.3, Gaya Jee, in
connection with Gaya Excise P.S. Case No. 1590 of 2025,
subject to the conditions as laid down under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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