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Patna High Court

Vishal RajversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
               Patna High Court CR. MISC. No.90223 of 2025(2) dt.30-01-2026
                                                           3/3




                         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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