Patna High Court
Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, surety conditions and verification of the petitioner’s antecedent cases.
Summary
Vinay Kumar sought anticipatory bail after the police registered a case against him under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 40 litres of liquor were recovered from two motorcycles linked to him. The petitioner argued that he was not arrested on the spot, no liquor was found in his possession, he does not own the seized vehicles, and that the complaint was filed by a hostile chawkidar without prior police investigation. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior criminal record of five cases, four under the Excise Act. The court considered the submissions and, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a cash bond, two sureties and a verification of the petitioner’s antecedent cases. The order further stipulated that if more than five prior cases are found, the bail would not be confirmed; otherwise it would be confirmed immediately.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case involving alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- Section 438 Cr.P.C.
- Section 482 BNSS
- police investigation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89372 of 2025
Arising Out of PS. Case No.-625 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Vinay Kumar S/o Dr. Vindeshwar Pd. Singh R/o Village- Paharpur, P.S-
Mahua, Dist- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shabina Talat, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, A.P.P.
======================================================
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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 40
litres of liquor from two motorcycles.
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 is not the owner of any of the seized vehicles and
came to be implicated at the instance of the Chawkidar with
whom he is on an inimical term. It is next submitted that if the
Patna High Court CR. MISC. No.89372 of 2025(3) dt.22-01-2026
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Chawkidar was aware of the involvement of petitioner in the
occurrence then why he did not inform the police prior to the
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 start
implicating mechanically either at the instance of the
Chawkidar, local person, secret information or confessional
statement without holding a proper investigation of the case.
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 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.25,000/- (Rupees Twenty-five 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 Goraul (Kathara) P.S. Case No. 625 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
Patna High Court CR. MISC. No.89372 of 2025(3) dt.22-01-2026
3/3
shall verify the criminal antecedent of the petitioner and if it is
found that petitioner has antecedent of more than five cases, 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
confirmed but if it is found on verification that petitioner has
antecedent of only five cases in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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