Created by Fuzzy Cloud

Patna High Court

Vishal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.

Summary

Vishal Kumar petitioned the Patna High Court for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he was not caught in possession of liquor, was not the owner of the seized vehicle, and was implicated solely on secret information, a method the petitioner claimed the police use mechanically. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedents. If the verification shows more than two prior cases, the bail will not be confirmed; if only two cases are found, the bail will be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.
  • Whether the petitioner’s criminal antecedents affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • secret information
  • police investigation
  • Section 30
  • Section 482
  • criminal antecedents
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37581 of 2026
                    Arising Out of PS. Case No.-148 Year-2026 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Vishal Kumar S/o Late Raja Singh R/o vill - Birpur, P.s.- Kanti, Distt.-
                 Muzaffarpur, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prabhat Kumar Singh
                 For the Opposite Party/s :       Mr. Renuka Ratnakar
                 ======================================================
                 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases, out of which, one case is

                   under the Excise Act and allegation is of recovery of 226.26

                   litres of liquor from a pick up vehicle. It is next submitted that

                   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 he came to be implicated based on secret

                   information which is the easiest way to implicate someone. It is

                   also submitted that once an accused is implicated in a case
Patna High Court CR. MISC. No.37581 of 2026(2) dt.17-06-2026
                                            2/3




          relating to excise, the police starts implicating mechanically

          either through chowkidar, local person, confessional statement

          or secret information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          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.10,000/- (Rupees ten thousand) 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 Minapur P.S. Case No.148/2026, 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 more than

          two cases, 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 has antecedent of two

          cases, in that event the provisional anticipatory bail order shall
             Patna High Court CR. MISC. No.37581 of 2026(2) dt.17-06-2026
                                                         3/3




                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.