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Patna High Court

Vinay Kumar VishwakarmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bail bond, sureties and verification of the petitioner’s criminal antecedents.

Summary

Vinay Kumar Vishwakarma was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 132.75 litres of liquor from his Swift Dzire vehicle. He argued that he was not present at the spot of seizure, that the liquor was not in his conscious possession, and that his driver, who fled, acted without his knowledge. The State opposed his prayer for anticipatory bail. The Patna High Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent case is discovered.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail for offences under the Bihar Excise Act.
  • Whether ownership of the vehicle used for the alleged offence suffices to implicate the petitioner.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure of liquor
  • vehicle ownership
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38983 of 2026
                        Arising Out of PS. Case No.-116 Year-2026 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Vinay Kumar Vishwakarma S/O Sant Vishwakarma @ Sant Kumar
                 Vishwakarma Resident of Village- Raj Ganj, P.S.- Raj Ganj, District-
                 Dhanbad, Jharkhand,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Gajendra Kumar Singh
                 For the Opposite Party/s :         Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Chandra Bhushan Prasad.

                             2.     The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   32(3) of the Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 132.750 litres of liquor from a Swift

                   Dzire car.

                             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 he came to be

                   implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.38983 of 2026(2) dt.22-06-2026
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          vehicle. It is next submitted that no prudent person would use

          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his driver would misuse the vehicle in the manner as

          alleged, who also fled from the spot.

                   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 before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five 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 Gaya

          Excise P.S. Case No. 116 of 2026 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 more

          than one case then it would be presumed that petitioner, for the
              Patna High Court CR. MISC. No.38983 of 2026(2) dt.22-06-2026
                                                          3/3




                        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 has antecedent of one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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