Vishal Shekhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34418 of 2026 Arising Out of PS. Case No.-143 Year-2026 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Vishal Shekhar S/O Jitendra Kumar Nirala Resident of Village- Shahpur, P.SNagar, Dist.- Aurnagabad (Bihar), Pin- 824101. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 19-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Town P.S. Case No. 143 of 2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per the prosecution case, 8.625 litres of foreign liquor was recovered from a motorcycle when two persons seated over the motorcycle fled away, when the police chased them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that the petitioner happens to be the owner of the motorcycle in question from which alleged recovery has been made. It has further been submitted that petitioner was not

Patna High Court CR. MISC. No.34418 of 2026(2) dt.19-05-2026 2/2 present at the spot. It has further been submitted that at the time of seizure, the motorcycle in question was not under the control of the petitioner. It has further been submitted that procedure prescribed under Section 103 of B.N.S.S has not been followed. It has lastly been submitted that petitioner has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned in connection with Town P.S. Case No. 143 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)

7. This application stands allowed.

(Praveen Kumar, J) vashudha/-Aman U T