Vishal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13559 of 2026 Arising Out of PS. Case No.-248 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.
Vishal Singh S/O Akshay Singh R/O Village - Majhariya, P.S. - Buxar (Industrial), District - Buxar 2.
Dharmraj Singh S/O Sudhir Singh R/O Village - Majhariya, P.S. - Buxar (Industrial), District - Buxar 3.
Vishal Sah S/O Bablu Prasad 3. R/O Village - Majhariya, P.S. - Buxar (Industrial), District - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 129.960 litres of liquor from a millet field. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to
Patna High Court CR. MISC. No.13559 of 2026(2) dt.12-03-2026 2/3 the petitioners and is accessible to villagers at large and they came to be implicated based on confessional statement of Pawan in police custody which does not have any evidentiary value and after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees five hundred) each 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 Buxar (Industrial) P.S. Case No.248/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioners have antecedent of even one case, in that event, it would be presumed that
Patna High Court CR. MISC. No.13559 of 2026(2) dt.12-03-2026 3/3 petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with but if after verification it is found that petitioners are persons with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) amit/- U T