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Patna High Court

Vishavjit Singh @ Mantu Singh @ Bishwajit SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Vishavjit Singh, sought anticipatory bail in a case registered under Sections 30(a), 32(2), 32(3), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise Act for alleged recovery of 7,555.68 litres of liquor. He argued that he has a clean antecedent, was not arrested at the spot, and did not have the liquor in his conscious possession, being merely the owner of a godown rented to another person. The State opposed the bail, contending that the allegations warrant custody. The High Court, applying Section 482(2) of the B.N.S.S., granted provisional anticipatory bail on a bail bond of Rs.500 with two sureties, subject to verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the B.N.S.S. in a case involving alleged offences under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s lack of conscious possession and clean antecedent justify the grant of anticipatory bail.
  • What conditions should be imposed on the provisional anticipatory bail pending verification of antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 482(2)
  • criminal antecedent
  • provisional bail
  • excise offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91424 of 2025
                      Arising Out of PS. Case No.-369 Year-2025 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Vishavjit Singh @ Mantu Singh @ Bishwajit Singh son of Vishwanath Singh
                 Resident Of Nakhash Mangal, Akhara, Ps -Sampatchak, District -Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raju Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                    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 30(a),

                   32(2), 32(3), 36, 41(1) and 41(2) of Bihar Prohibition and

                   Excise Act.

                                  3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 7555.68 litres of liquor from an auto. It is next

                   submitted that petitioner was not arrested from the spot, as such,

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized auto but then is owner of the godown

                   but the godown was given on rent to Amarjeet Kumar. It is thus,

                   submitted that police in mechanical manner investigates and
Patna High Court CR. MISC. No.91424 of 2025(2) dt.12-01-2026
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          implicates without holding a proper investigation.

                        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

          Court of Excise, Patna City, Patna in connection with Didarganj

          P.S. Case No.369 of 2025, subject to the conditions laid down

          under Section 482(2) of the B.N.S.S.

                        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

          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
               Patna High Court CR. MISC. No.91424 of 2025(2) dt.12-01-2026
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                         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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