Patna High Court
Vikash Singla @ Vikas SinglaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to bond, sureties and verification of antecedent.
Summary
Vikash Singla applied for anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 for alleged possession of 1.350 litres of liquor found in his XUV300 vehicle. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that another person misused his vehicle. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties of the same amount, and verification of the petitioner’s criminal antecedent. If the verification reveals any prior case, the bail will be revoked; otherwise it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged liquor possession.
- Whether ownership of the vehicle used in the alleged offence makes the owner liable for anticipatory bail.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS are satisfied.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- bail bond
- surety
- liquor seizure
- vehicle ownership
- Section 438 CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7359 of 2026
Arising Out of PS. Case No.-47 Year-2025 Thana- Excise P.S. District- Kishanganj
======================================================
Vikash Singla @ Vikas Singla S/o Satpal Singla Resident of MCBZ-504630,
Stree Number 10/16, Guru Gobind Singh Nagar, P.S. - Bathinda, District-
Bathinda, State - Punjab
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, 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 offences punishable under Sections 30(a) and
32(3) of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1.350 litres of liquor from an XUV300.
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 came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.7359 of 2026(2) dt.19-02-2026
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and thus would create evidence against himself and hence
would get implicated. It is also submitted that petitioner was
completely unaware that Dev would misuse the vehicle in the
manner as alleged who was also apprehended from the spot
along with three other named accused.
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 Kishanganj Excise P.S. Case No. 47 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
Patna High Court CR. MISC. No.7359 of 2026(2) dt.19-02-2026
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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
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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