Patna High Court
Vishal Singh @ Vishal Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
Vishal Singh, the owner of a motorcycle from which 15.6 litres of liquor was recovered, sought anticipatory bail under Section 30(a) of the Bihar Excise Act, claiming he had a clean antecedent and was unaware that another person, Dilshad, misused his vehicle. The petitioner argued that he was not in possession of the liquor at the time of seizure and that ownership alone should not implicate him. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties, subject to verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; if none is found, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether mere ownership of the vehicle used in the alleged offence makes the owner liable.
- What conditions may be imposed while granting provisional anticipatory bail.
Legislation cited
- Bihar Code of Criminal Procedure (BNSS) — s. 482(2)
- Bihar Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41610 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Vishal Singh @ Vishal Kumar Singh S/o Uday Singh @ Udaynarayan R/o
Village - Khairtiya Mukund Chhaper, P.S - Tarya Sujan, District - Kushinagar,
State - Uttar Pradesh, Pin - 274409
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mantu Kumar
For the Opposite Party/s : Mr.Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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 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 15.6 litres of liquor from a motorcycle.
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
vehicle. It is next submitted that no prudent person would use
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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 Dilshad would misuse the vehicle in the manner as alleged,
who was also apprehended 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 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 Vishambharpur P.S. Case No. 67 of 2025,
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
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confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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