Patna High Court
Vishal RajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent.
Summary
Vishal Raj, the petitioner, faced arrest in a case involving alleged seizure of 2,240.28 litres of liquor from four vehicles, with charges under IPC sections 272, 273 and 120(B) and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he had no conscious possession of the liquor, that the pickup vehicle linked to him had been stolen prior to the incident, and that he possessed a clean antecedent. The State opposed the anticipatory bail application. The High Court, considering the lack of possession, the theft of the vehicle, and the petitioner's claim of no prior criminal record, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and verification of his antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was therefore allowed.
Issues considered
- Whether anticipatory bail under Section 438 of the Cr.P.C. is appropriate in a case involving alleged offences under IPC sections 272, 273, 120(B) and the Bihar Prohibition and Excise Act.
- Whether ownership of a vehicle, which was allegedly stolen before the alleged offence, suffices to deny anticipatory bail.
- Whether the petitioner’s claim of a clean criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120(B), 272, 273
Subjects
- anticipatory bail
- Section 438 CrPC
- liquor seizure
- vehicle ownership
- clean antecedent
- criminal procedure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90223 of 2025
Arising Out of PS. Case No.-551 Year-2022 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Vishal Raj S/O Ajay Sah Resident of Vill. and P.S.- Chitragupt Nagar, Distt.-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sripriya Sinha, Advocate
Ms. Prisu Snehil, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 272, 273 and 120(B)
of the Indian Penal Code as well as Section 30(a) of Bihar
Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2240.28 litres of liquor from four different vehicles.
It is next submitted that 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 one of the seized pickup vehicles. It is next
Patna High Court CR. MISC. No.90223 of 2025(2) dt.30-01-2026
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submitted that the said pickup vehicle was stolen on 28.09.2022
for which Agamkuan P.S. Case No.760 of 2022 was instituted
on 30.09.2022. It is next submitted that the instant occurrence
was committed on 19.10.2022, i.e., much after the pickup
vehicle of the petitioner was stolen but then police in
mechanical manner investigates and implicates.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Excise Judge-1, Begusarai in connection with Muffasil P.S. Case
No.551 of 2022, subject to the conditions laid down under
Section 438(2) of the Cr.P.C.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
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found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, 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)
Sanjay/-
U T
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