Patna High Court
Viral Mali @ Viral BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Viral Mali, sought anticipatory bail after learning of a pending case (PS Case No. 234/2026) alleging his involvement in the illegal possession of 350 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He argued that he has a clean criminal record, that the alleged liquor was recovered from a riverbank not belonging to him, and that the case rests solely on a confessional statement made by another accused while in police custody, which he contended lacks evidentiary value. The State opposed the bail, maintaining that the allegations warrant arrest. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond of Rs.500 with two sureties and subject to verification of his antecedents by the trial court. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether a confessional statement made by an accused in police custody can form the sole basis for denying anticipatory bail.
- Whether the petitioner’s alleged lack of possession and clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- confessional statement
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36796 of 2026
Arising Out of PS. Case No.-234 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Viral Mali @ Viral Bhagat Son of Nemi Bhagat Resident of Village-
Pirdamariya ghat, Kinare, P.S.- Malsalami, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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 offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 350 litres of liquor from a place near bank of a river.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to the
petitioner and is accessible to villagers and he came to be
implicated based on confessional statement of apprehended
accused in police custody which does not have any evidentiary
value.
4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.36796 of 2026(2) dt.29-06-2026
2/2
anticipatory bail of the petitioner.
5. 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 Malsalami
P.S. Case No.234/2026, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one case,
in that event, it would be presumed that petitioner had concealed
his antecedent before this court, as such, the provisional
anticipatory bail order shall not be confirmed but if on verification
it is found that petitioner is a person with clean antecedent, in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
amit/-
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