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Patna High CourtCR. MISC./90223/2025disposed

Vishal Raj v. The State Of Bihar

2026-01-30Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90223 of 2025 Arising Out of PS. Case No.-551 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Vishal Raj S/O Ajay Sah Resident of Vill. and P.S.- Chitragupt Nagar, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sripriya Sinha, Advocate Ms. Prisu Snehil, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-01-2026 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 272, 273 and 120(B) of the Indian Penal Code as well as Section 30(a) of Bihar Prohibition and Excise Act, 2018.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 2240.28 litres of liquor from four different vehicles. It is next submitted that 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 one of the seized pickup vehicles. It is next

Patna High Court CR. MISC. No.90223 of 2025(2) dt.30-01-2026 2/3 submitted that the said pickup vehicle was stolen on 28.09.2022 for which Agamkuan P.S. Case No.760 of 2022 was instituted on 30.09.2022. It is next submitted that the instant occurrence was committed on 19.10.2022, i.e., much after the pickup vehicle of the petitioner was stolen but then police in mechanical manner investigates and implicates.

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 Excise Judge-1, Begusarai in connection with Muffasil P.S. Case No.551 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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

Patna High Court CR. MISC. No.90223 of 2025(2) dt.30-01-2026 3/3 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 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