Created by Fuzzy Cloud

Patna High Court

VIMLESH KUMAR @ CHETHARU @ NITESHversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

Vimlesh Kumar, a resident of Buxar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, concerning the recovery of 54.005 litres of liquor. He argued that he has a clean antecedent and that the liquor was not found in his possession, but was recovered from locations not belonging to him, based on secret information. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, verification of his antecedents, and a deposit of Rs.1500 with the Advocates’ Association. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The trial court was directed to verify his criminal record.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the circumstances of recovery of liquor justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4801 of 2026
                   Arising Out of PS. Case No.-110 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 VIMLESH KUMAR @ CHETHARU @ NITESH S/o- Kamlesh Singh R/v-
                 Mishrawaliya Ps- Buxar Muffasil Dist- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Shankar Pathak
                 For the Opposite Party/s :      Mr. Ajay Kumar No. 2
                 ======================================================
                 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 54.005 litres of liquor, out of which 18.765 litres of

                   liquor was recovered from Rani Ghat and 35.240 litres of liquor

                   recovered from a sack allegedly thrown by the accused persons

                   including the petitioner while fleeing. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.4801 of 2026(2) dt.31-01-2026
                                            2/3




          and he came to be implicated based on secret information which

          is the easiest way to implicate someone without holding a

          proper investigation, when petitioner admittedly is a person with

          clean antecedent.

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

          anticipatory bail of the petitioner.

                       5. 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 Court below

          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 Buxar

          Muffasil P.S. Case No.110/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.4801 of 2026(2) dt.31-01-2026
                                                         3/3




                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioner

                       based on instruction submits that petitioner undertakes to

                       deposit an amount of Rs.1500/- with Advocates’ Association,

                       Patna High Court within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.