Patna High Court
Vishal Sah @ Vishal JayswalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to bail bond, sureties, deposit of Rs.1,500 and verification of his antecedent.
Summary
Vishal Sah was implicated in a case alleging recovery of 27 litres of liquor from a motorcycle, charged under Sections 30(a), 32(1)(3) and 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, arguing he has a clean antecedent, was not arrested at the spot, and the allegation rests on a confessional statement of another accused. The State opposed the bail. The Court granted provisional anticipatory bail, directing the petitioner to furnish a bail bond of Rs.500 with two sureties, deposit Rs.1,500 with the High Court Legal Services Committee, and submit to verification of his criminal antecedent within six weeks. The order is subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, and may be revoked if a prior case is discovered. The trial court will confirm the bail if the petitioner’s clean antecedent is verified.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the confessional statement of a co‑accused can be a basis to deny anticipatory bail.
- Whether the requirement of a clean criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- clean antecedent
- confessional statement
- bail bond
- Cr.P.C. Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6301 of 2026
Arising Out of PS. Case No.-488 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Vishal Sah @ Vishal Jayswal S/O Nand Kishore Sah Resident of Village -
Jigana, P.S. - Mohania, District - Kaimur Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Sunil, Advocate
For the Opposite Party/s : Mr. Arun Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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(1)(3) and 41(i)(ii) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 27 litres of liquor from a motorcycle.
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 the owner of the seized vehicle and came to
be implicated based on the confessional statement of
apprehended accused in police custody which does not have any
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evidentiary value in the eye of law.
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 Bhabua
Excise P.S. Case No. 488 of 2025, 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
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
Patna High Court CR. MISC. No.6301 of 2026(2) dt.04-02-2026
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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 High Court Legal
Services Committee, Patna within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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