Patna High Court

Vijay SinghversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the BNSS.

Summary

Vijay Singh, the owner of a motorcycle from which 8 litres of liquor were allegedly recovered, sought anticipatory bail under Section 30(a) of the Bihar Excise Act, claiming he had no knowledge of the liquor and a clean criminal record. The petitioner argued that ownership of the vehicle does not imply participation in the offence and that he was not arrested at the spot. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond of Rs. 500 with two sureties and subject to verification of his antecedent under Section 482(2) of the BNSS. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed upon verification of a clean record.

Issues considered

Whether anticipatory bail can be granted to the owner of a vehicle from which liquor was recovered, absent proof of possession or participation in the offence under Section 30(a) of the Bihar Excise Act.
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
vehicle ownership
possession
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90401 of 2025
                     Arising Out of PS. Case No.-375 Year-2025 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Vijay Singh S/O Nagindra Singh Resident of Village- Kushumhan, P.S-
                 Jagdishpur, District- Bhojpur (Bihar).

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Akash Kumar Mishra
                 For the Opposite Party/s :       Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026               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 8 litres of liquor from 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

                   motorcycle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.90401 of 2025(2) dt.08-01-2026
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          would create evidence against himself and hence would get

          implicated, it is further submitted that petitioner was completely

          unaware that his friend would misuse the vehicle in the manner

          as alleged.

                   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

          Jagdishpur P.S. Case No. 375 of 2025, 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

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.90401 of 2025(2) dt.08-01-2026
                                                          3/3




                        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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