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Patna High Court

Viral Mali @ Viral BhagatversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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/-

U        T


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