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Vinay Kumar Vishwakarma Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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Patna HC
2026
Vinay Kumar Vishwakarma Vs The State of BiharVinay Kumar Vishwakarma v. The State of Bihar

Allowed¶19

Vinay Kumar Vishwakarma v. The State of Bihar

Patna HC19 May 2026CR. MISC./34401/2026

Case brief

AI extract

What is this about?

Vinay Kumar Vishwakarma v. The State of Bihar; CR. MISC. No.34401 of 2026; High Court of Judicature at Patna; Justice Praveen Kumar; decided 19-05-2026; anticipatory bail allowed; arising out of Gaya Excise P.S. Case No. 1590 of 2025; offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act; 61.500 liters foreign liquor recovered from car; co-accused Mukesh Pandey and Adarsh Kumar arrested; contention that Section 105 BNSS procedure not followed; bail bond Rs. 10,000 with two sureties of like amount; conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

What did the court decide?

Anticipatory bail: release on bail upon arrest/surrender within six weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Why is it important?

Anticipatory bail granted: in the event of the petitioner's arrest/surrender within six weeks before the court below, he is to be released on bail on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.3, Gaya, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. ¶19

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail upon arrest/surrender within six weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issue for consideration

Whether the petitioner - alleged owner of the car from which 61.500 liters of foreign liquor was recovered, who claims he was not present at the spot and had lent the car in good faith - is entitled to anticipatory bail in Gaya Excise P.S. Case No. 1590 of 2025.

Court's answer

Anticipatory bail granted: in the event of the petitioner's arrest/surrender within six weeks before the court below, he is to be released on bail on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.3, Gaya, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court, Criminal Miscellaneous No.34401 of 2026, decided 19-05-2026 by Praveen Kumar, J. Applicant, owner of the car from which 61.500 liters of foreign liquor was recovered in Gaya Excise P.S. Case No. 1590 of 2025 (Sections 30(a) and 32(3), Bihar Prohibition and Excise Amendment Act), submitted he was not present at the spot, had given the car to the apprehended accused in good faith, and that Section 105 BNSS procedure was not followed. Bail granted: release upon arrest/surrender within six weeks on bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34401 of 2026

Arising Out of PS. Case No.-1590 Year-2025 Thana- Excise P.S. District- Gaya

======================================================

Vinay Kumar Vishwakarma S/O Sant Vishwakarma @ Sant Kumar Vishwakarma Resident of Village- Raj Ganj, P.S.- Raj Ganj, DistrictDhanbad, Jharkhand.

... ... Petitioner/s

Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gajendra Kumar Singh For the Opposite Party/s : Mr.Harendra Prasad ======================================================

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

2 19-05-2026 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

This application for anticipatory bail arises out

of Gaya Excise P.S. Case No. 1590 of 2025, registered for the offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act.

As per allegation, 61.500 liters of foreign liquor was recovered from a car and co-accused persons, namely, Mukesh Pandey and Adarsh Kumar were arrested.

Learned counsel for the petitioner has submitted that petitioner happens to be the owner of the car in question from which alleged recovery has been made. It has further been submitted that the petitioner was not present at the spot. It has also been submitted that the petitioner has given the car to the apprehended accused person on good faith and was not aware of

Patna High Court CR. MISC. No.34401 of 2026(2) dt.19-05-2026 2/2

the evil designs of the accused persons and when the seizure was made, the car was not under control of the petitioner. It has further been submitted that no procedure prescribed under Section 105 BNSS was followed.

Learned counsel for the State opposed the prayer

of anticipatory bail of the petitioner.

Heard the parties and perused the record.

Considering the facts and circumstances, let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.3, Gaya Jee, in connection with Gaya Excise P.S. Case No. 1590 of 2025, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Pawan/-

U T

(Praveen Kumar, J)

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner - alleged owner of the car from which 61.500 liters of foreign liquor was recovered, who claims he was not present at the spot and had lent the car in good faith - is entitled to anticipatory bail in Gaya Excise P.S. Case No. 1590 of 2025.¶11
The court held
Anticipatory bail granted: in the event of the petitioner's arrest/surrender within six weeks before the court below, he is to be released on bail on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.3, Gaya, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.ratio¶19

Statutes considered

4 provisions across 2 enactments

AI extract

Bihar Prohibition and Excise Amendment Act30(a)¶11 32(3)¶11
Bhartiya Nagrik Suraksha Sanhita105¶15 482(2)¶19

Procedural history

How this case reached the court

AI extract

Prior proceeding
Registration of Gaya Excise P.S. Case No. 1590 of 2025 under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act; recovery of 61.500 liters of foreign liquor from a car; arrest of co-accused Mukesh Pandey and Adarsh Kumar.¶12

Parties & counsel

AI extract

petitioner
Vinay Kumar Vishwakarma S/O Sant Vishwakarma @ Sant Kumar Vishwakarma¶4
Mr.Gajendra Kumar Singh
respondent
The State of Bihar¶6
Mr.Harendra Prasad

Coram

AI extract

Praveen Kumarauthor¶7

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 19 May 2026 · May
Registered: 13 May 2026
Case no.: CR. MISC./34401/2026
CNR: BRHC010482962026
Bench: Praveen Kumar
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous

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Cite this judgement

Vinay Kumar Vishwakarma v. The State of Bihar, CR. MISC./34401/2026 (PAT), decided on 19 May 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Bihar Prohibition and Excise Amendment Act30(a) · 32(3)
Bhartiya Nagrik Suraksha Sanhita105 · 482(2)

View all statutes

Procedural history1

Registration of Gaya Excise P.S. Case No. 1590 of 2025 under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act; recovery of 61.500 liters of foreign liquor from a car; arrest of co-accused Mukesh Pandey and Adarsh Kumar.

View full history

Bench / Coram

Praveen Kumar

Parties & counsel