Patna High Court

Vishal KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated bond and surety conditions.

Summary

Vishal Kumar applied for anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering four litres of liquor from a bush near his semi‑constructed house. The petitioner asserted that he has a clean antecedent and that the alleged liquor was not in his conscious possession nor on his property. The State opposed the bail, arguing that the offence is non‑bailable. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties, and directed verification of the petitioner’s criminal antecedent. The order further stipulated that if any antecedent is discovered, the bail may be cancelled, whereas confirmation will follow if the petitioner is found to have a clean record.

Issues considered

Whether anticipatory bail should be granted under Section 438 of the Cr.P.C. to a person accused of an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

BNSS — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
clean antecedent
provisional bail
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7240 of 2026
                 Arising Out of PS. Case No.-108 Year-2025 Thana- KHODAWANDPUR District- Begusarai
                 ======================================================
                 Vishal Kumar S/o- Rusian Paswan @ Rusiyan Paswan R/v- Malpur W. No-
                 16, PS - Khodawanpur Dist- Begusarai
                                                                       ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shivam Prerna, Advocate
                 For the Opposite Party/s :      Mr. Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 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 offence punishable under Section 30(a) 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 4 litres of liquor from a bush near the semi

                   constructed house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is adjacent to his semi constructed house and he came

                   to be implicated at the instance of the local person but then the
Patna High Court CR. MISC. No.7240 of 2026(2) dt.19-02-2026
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          name of the person who disclosed the name of the petitioner is

          not disclosed in the FIR which casts an aspersion on the case of

          the prosecution, when petitioner admittedly is a person with

          clean antecedent.

                       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 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 Khodawanpur P.S. Case No. 108 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
           Patna High Court CR. MISC. No.7240 of 2026(2) dt.19-02-2026
                                                       3/3




                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T

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