Patna High Court
Vipul Kumar Mishra @ Bipul Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 32, 41(1)
- Bihar Negotiable Instruments (or relevant) Special Statutes (BNSS) — s. 482(2)
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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