Patna High Court
Vibhesh Kumar @ Vibhesh Kumar Ray @ Vibhas Kumar RoyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 44, 45
- BNSS — s. 482(2)
- Cr.P.C. — s. 438(2)
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
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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
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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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