Vishal Kumar Chaudhary @ Chintu @ Kumar Sharveshresth v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.46366 of 2026, decided 14-07-2026 by Satyavrat Verma, J. Provisional anticipatory bail under Section 482(2) B.N.S.S. in a Section 30(a) Bihar Prohibition and Excise Act, 2022 case (Bibhutipur P.S. Case No.213 of 2026, District Samastipur). Bail bond Rs.5,000 with two like sureties; six-week window for arrest/surrender; confirmation conditional on antecedent verification (one case = confirm forthwith; more than one = presumed concealment, no confirmation). Defence submissions: recovery not from conscious possession, joint family house, 2018 amendment to the Excise Act abolishing deemed possession and presumed offender, implication via custodial confession of co-accused Uttam, mechanical implication by police in excise cases. State opposed through learned A.P.P. No precedents cited or discussed.
What did the court decide?
Provisional anticipatory bail - upon arrest or surrender within six weeks, release on bail bonds of Rs.5,000 with two sureties of the like amount each to the satisfaction of the trial court, subject to conditions under Section 482(2) B.N.S.S.; confirmation by the trial court after verification of criminal antecedents.