Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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
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be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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