Patna High Court

Vishal KumarversusThe State of Bihar

Decided: 7 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted conditionally, subject to verification of the petitioner’s antecedent cases.

Summary

Vishal Kumar was implicated in a case under Sections 30(a) and 56(b) of the Bihar Excise Act for the alleged recovery of 135 litres of liquor from a car he owned. He contended that he was not present at the spot, had no conscious possession of the liquor, and was unaware that his driver misused the vehicle. The petitioner sought anticipatory bail, arguing that ownership of the vehicle alone should not justify arrest. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedents, stating that if more than two prior cases are found, the bail would not be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail for offences under Sections 30(a) and 56(b) of the Bihar Excise Act.
Whether mere ownership of the vehicle used in the alleged offence justifies arrest.
Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
vehicle ownership
criminal antecedent
Bihar Excise Act
Section 30
Section 56
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66653 of 2025
                        Arising Out of PS. Case No.-12 Year-2019 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Vishal Kumar Son of Jugal Singh @ Yugal Singh Resident of Village - Taridih
                 (Bagalpur), Police Station - Bodhgaya, District - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :        Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  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) and

                   56(b) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 135 liters of liquor from a car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized car. It

                   is next submitted that no prudent person would use his own

                   vehicle for committing an occurrence and thus would create
Patna High Court CR. MISC. No.66653 of 2025(3) dt.07-01-2026
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          evidence against himself and hence would get implicated, it is

          also submitted that petitioner was completely unaware that his

          driver would misuse the vehicle in the manner as alleged.

                       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, 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 Excise

          P.S. Case No. 12 of 2019 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
            Patna High Court CR. MISC. No.66653 of 2025(3) dt.07-01-2026
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                      verification if it is found that petitioner has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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