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Patna High Court

Vibhesh Kumar @ Vibhesh Kumar Ray @ Vibhas Kumar RoyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS, pending verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Vibhesh Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 30(a), 44, 45 of the Bihar Prohibition and Excise Act, 2016 and Section 27 of the Arms Act. He argued that he has a clean antecedent, was not in possession of the seized liquor, and was not the owner of the vehicle from which 25 litres of liquor were recovered, alleging that the complaint was prompted by a hostile chaukidar. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, directing verification of the petitioner’s antecedent before confirming the bail. If any prior case is found, the bail will not be confirmed; otherwise it will be confirmed forthwith. The petitioner also undertook to deposit Rs.1,500 with the Patna High Court Lawyers’ Association.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under the Bihar Prohibition and Excise Act, 2016 and the Arms Act.
  • Whether the petitioner’s claim of non‑possession of the seized liquor and lack of ownership of the vehicle justify the grant of anticipatory bail.
  • Whether the conditions prescribed under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Arms Act
  • criminal antecedent
  • bail conditions
  • section 438 Cr.P.C.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4350 of 2026
                 Arising Out of PS. Case No.-256 Year-2024 Thana- KATIHAR MUFFASIL District- Katihar
                 ======================================================
                 Vibhesh Kumar @ Vibhesh Kumar Ray @ Vibhas Kumar Roy S/O Dara
                 Singh Roy Resident of Village-Budhuchak, Barmasia, P.S. - Katihar Sahayak,
                 District- Katihar.
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bimal Kumar, Advocate
                 For the Opposite Party/s :      Mr. Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                  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 30(a), 45

                   and 44 of the Bihar Prohibition and Excise Act, 2016 as well as

                   Section 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 25 litres of liquor from an auto.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not owner of the seized vehicle and came to be

                   implicated at the instance of the Chawkidar with whom he is on
Patna High Court CR. MISC. No.4350 of 2026(2) dt.31-01-2026
                                            2/3




          an inimical term. It is next submitted that if the Chawkidar was

          aware of the involvement of the petitioner in the occurrence

          then why he did not inform the police prior to the institution of

          the instant FIR which casts an aspersion on the case of the

          prosecution.

                       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, let 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.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 Katihar

          Mufassil P.S. Case No. 256 of 2024, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent
           Patna High Court CR. MISC. No.4350 of 2026(2) dt.31-01-2026
                                                       3/3




                     before this Court at para 3 of the anticipatory bail application in

                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.1,500/- with the Lawyers’ Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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