Patna High Court
Vikky SafiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Vikky Safi, sought anticipatory bail fearing arrest in an excise case involving alleged recovery of 3,062.52 litres of liquor from two vehicles. He contended that he was not caught in possession, was not the owner of the vehicles, and was implicated solely on the testimony of a chowkidar, raising doubts about the prosecution's case. The petitioner has six prior excise cases, and the State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 with two sureties and directed verification of his criminal antecedent. It stipulated that if more than six prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case.
- Whether the petitioner’s prior criminal antecedent of six cases affects the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7074 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Vikky Safi S/O Sandip Safi R/O Village- Budhan Jha Tole Pandaul, P.S.-
Pandaul, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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),
41(1), 31(1) and 31(2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases under the excise act and
allegation is of recovery of 3062.52 liters of liquor from two
Scorpio vehicles.
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 is not the
owner of any of the seized vehicles and came to be implicated at
the instance of Chowkidar, but then it is submitted that if
Patna High Court CR. MISC. No.7074 of 2026(2) dt.19-02-2026
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Chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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.
30,000/- (Rupees Thirty 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 Pandaul
P.S. Case No. 283 of 2025 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
Patna High Court CR. MISC. No.7074 of 2026(2) dt.19-02-2026
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in the event if it is found that petitioner has antecedent of more
than six 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 six
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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