Patna High Court
Vishavjit Singh @ Mantu Singh @ Bishwajit SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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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