Patna High Court
Ajeet Kumar Vishwakarma @ Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner subject to bond, sureties and verification of his antecedent.
Summary
The petitioner, Ajeet Kumar Vishwakarma, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the seizure of 918 litres of liquor from two cars and a motorcycle. He asserted that he had a clean antecedent and was not in possession of the liquor, merely owning the seized Scorpio vehicle which was allegedly misused by another individual, Lalan. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
- Whether ownership of the vehicle used in the alleged offence disqualifies the petitioner from obtaining anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85647 of 2025
Arising Out of PS. Case No.-221 Year-2024 Thana- GUTHANI District- Siwan
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Ajeet Kumar Vishwakarma @ Ajeet Kumar S/o- Ram Narayan Vishwakarma
Resident Of Village- Bhatwalia Nath Nagar, Ps- Kotwali, Dist- Deoria, UP
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Dwivedi
For the Opposite Party/s : Mr.Satya Nand Shukla
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 918 litres of liquor from two different cars and a
motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested 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
Scorpio vehicle. It is next submitted that no prudent person
Patna High Court CR. MISC. No.85647 of 2025(3) dt.22-01-2026
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would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that Lalan would misuse the vehicle in the manner as
alleged, who was also apprehended from the spot along with
three others.
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.
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 Guthni
P.S. Case No. 221 of 2024, 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 even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.85647 of 2025(3) dt.22-01-2026
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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