Patna High Court
Vishal ShekharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 103, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
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
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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
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