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Patna High Court

Vipul Kumar Mishra @ Bipul Kumar MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Vipul Kumar Mishra, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32 and 41(1) of the Bihar Excise Act for alleged recovery of 3 litres of liquor from a motorcycle registered in his mother's name. He argued that he was not in possession of the liquor, was not the owner of the vehicle, and was implicated only on suspicion. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties, subject to verification of the petitioner’s criminal antecedent within six weeks. If more than two prior cases are found, the bail will be presumed concealed and the order will not be confirmed; if only two cases are found, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the excise case.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
  • Effect of the petitioner’s criminal antecedent on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • criminal antecedent
  • section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44500 of 2026
                  Arising Out of PS. Case No.-117 Year-2026 Thana- Kumarbagh District- West Champaran
                 ======================================================
                 Vipul Kumar Mishra @ Bipul Kumar Mishra S/o Rajeshwar Mishra R/o vill -
                 Barwachaap, P.S.- Chanpatiya, Distt.- West Champaran at Bettiah

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Diksha Kumari
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026               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), 32 and 41(1) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases and allegation is of recovery of

                   3 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 is not the owner of the

                   seized vehicle and he came to be implicated based on suspicion since

                   the seized motorcycle is registered in the name of his mother.

                             5.    Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
              Patna High Court CR. MISC. No.44500 of 2026(2) dt.08-07-2026
                                                          2/2




                                 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. 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 Kumarbagh P.S. Case No. 117 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 two cases

                        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 confirmed,

                        but after verification if it is found that petitioner has antecedent of

                        two cases in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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