Patna High Court
Vishandev Rai @ Visho RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent.
Summary
Vishandev Rai sought anticipatory bail after being implicated in a case involving alleged recovery of 610.20 litres of liquor from a pickup vehicle, with charges under IPC sections 279, 337, 427 and Section 30(a) of the Bihar Excise Act. He contended that he was not the owner of the vehicle, had no conscious possession of the liquor, and was being falsely implicated as the driver despite a clean criminal record. The State opposed the bail application. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedents. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional order will be made final.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances alleged
- Whether the conditions imposed by the Court are appropriate for granting anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Indian Penal Code — s. 279, 337, 427
Subjects
- anticipatory bail
- false implication
- liquor seizure
- clean antecedent
- criminal procedure
- IPC
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37497 of 2026
Arising Out of PS. Case No.-11 Year-2024 Thana- SARAI RANJAN District- Samastipur
======================================================
Vishandev Rai @ Visho Rai S/o Ramjeevan Rai @ Ramajivan Ray R/o
Village- Dashara Manjha, PS- Mohanpur, Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Om Prakash Om
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 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 offences punishable under Sections 279, 337
and 427 of the IPC and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 610.20 litres of liquor from a pickup vehicle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and came to be implicated in the case during
the course of investigation with an allegation that he is driver of
the vehicle. It is next submitted that it appears that the police
Patna High Court CR. MISC. No.37497 of 2026(2) dt.17-06-2026
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with a view to let off the real accused falsely implicated the
petitioner when petitioner admittedly is a person with clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 Sarairanjan P.S. Case No. 11 of 2024, subject to
the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.37497 of 2026(2) dt.17-06-2026
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antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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