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Patna High Court

Vishandev Rai @ Visho RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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