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Patna High Court

Vishal ShekharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under the conditions of Section 482(2) of the B.N.S.S.

Summary

The petitioner, Vishal Shekhar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, where 8.625 litres of foreign liquor were recovered from his motorcycle. He claimed he was not present at the seizure, that the vehicle was not under his control, and that the seizure did not follow the procedure prescribed under Section 103 of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.). The State opposed the bail, arguing the seriousness of the offence. The court examined the facts, the petitioner’s lack of criminal antecedent, and the procedural lapse, and decided to grant anticipatory bail on the condition of a bail bond of Rs. 10,000 with two sureties and compliance with Section 482(2) of the B.N.S.S. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the seizure of the motorcycle complied with the procedural requirements of Section 103 of the Bharitya Nagrik Suraksha Sanhita.
  • Whether the petitioner is likely to be arrested and thus eligible for anticipatory bail under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition act
  • seizure procedure
  • motor vehicle
  • criminal procedure
  • Section 30
  • Section 103
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34418 of 2026
                    Arising Out of PS. Case No.-143 Year-2026 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Vishal Shekhar S/O Jitendra Kumar Nirala Resident of Village- Shahpur, P.S-
                 Nagar, Dist.- Aurnagabad (Bihar), Pin- 824101.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pramendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Arun Kumar Singh, A.P.P.
                 ======================================================
                 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. The petitioner is apprehending his arrest in connection

                   with Town P.S. Case No. 143 of 2026 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                3. As per the prosecution case, 8.625 litres of foreign

                   liquor was recovered from a motorcycle when two persons seated

                   over the motorcycle fled away, when the police chased them.

                                4. Learned counsel for the petitioner has submitted that

                   the petitioner is innocent and has falsely been implicated in this case.

                   It has further been submitted that the petitioner happens to be the

                   owner of the motorcycle in question from which alleged recovery has

                   been made. It has further been submitted that petitioner was not
          Patna High Court CR. MISC. No.34418 of 2026(2) dt.19-05-2026
                                                      2/2




                    present at the spot. It has further been submitted that at the time of

                    seizure, the motorcycle in question was not under the control of the

                    petitioner. It has further been submitted that procedure prescribed

                    under Section 103 of B.N.S.S has not been followed. It has lastly

                    been submitted that petitioner has got no criminal antecedent.

                                 5. Learned A.P.P. for the State has vehemently opposed

                    the prayer for anticipatory bail of the petitioner.

                                 6. Considering the aforesaid facts and circumstances of

                    the case as well as the nature of allegation against the petitioner, let

                    the above named petitioner, in the event of his arrest/surrender within

                    a period of six weeks from today, be enlarged on anticipatory bail on

                    furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two

                    sureties of the like amount each to the satisfaction of the learned

                    court concerned in connection with Town P.S. Case No. 143 of 2026,

                    subject to the conditions as laid down under Section 482(2) of the

                    Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)

                                 7. This application stands allowed.



                                               (Praveen Kumar, J)
vashudha/-Aman

U     T


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