Virendra Bijarniya vs State Govt. Of Nct Of Delhi
2026 Latest Caselaw 1336 Del

Delhi High Court

Virendra Bijarniya vs State Govt. Of Nct Of Delhi on 10 March, 2026

                          $~2
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                               Date of Decision: 10.03.2026
                          +      BAIL APPLN. 4540/2024 & CRL.M.A. 37069/2024
                                 VIRENDRA BIJARNIYA                                                   .....Petitioner
                                                    Through:         Mr. N.R. Swetabh, Advocate.

                                                    versus

                                 STATE GOVT. OF NCT OF DELHI                                     .....Respondent
                                                    Through:         Mr. Hemant Mehla, APP for State
                                                                     with IO/ASI Vineet Kumar.


                                 CORAM:           JUSTICE GIRISH KATHPALIA

                          J U D G M E N T (ORAL)

1. The accused/applicant seeks anticipatory bail in case FIR No.330/2024 of Police Station Fatehpur Beri for offence under Section 33/52 Delhi Excise Act and Section 201 IPC.

2. This anticipatory bail application was listed for the first time before the predecessor bench on 09.12.2024 and the accused/applicant was granted interim protection from arrest. Thereafter, this application remained pending before different predecessor benches. On 31.10.2025, since none appeared for the accused/applicant, the predecessor bench vacated the interim protection. Thereafter, along with 179 such old pending bail applications,

BAIL APPLN. 4540/2024 Page 1 of 3 pages GIRISH

DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962 c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi,

KATHPALIA serialNumber=d3e86796451ec45c07b5d15570996b40f

80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.03.10 17:13:11 -07'00'

Digitally Signed By:NEETU N NAIR Signing Date:10.03.2026 17:40:58 this application also was transferred to this bench. Today, the matter came up before me for the first time and I have heard learned counsel for accused/applicant and learned APP for State assisted by IO/ASI Vineet Kumar.

3. Broadly speaking, the prosecution case is that a raiding team, constituted on the basis of a secret information qua illicit liquor intercepted one Bolero car which was being piloted by a Wagon R driven by one Head Constable of Delhi Police. From Bolero car, 50 bottles of illicit liquor were recovered. Driver of the Bolero car disclosed that he had been introduced into the manufacturing, transportation and sale of illicit liquor by the present accused/applicant; and that they had established a factory for manufacturing illicit liquor in Khetri, Rajasthan, which premises had been taken on rent by them, with the help of the present accused/applicant.

4. Learned counsel for accused/applicant submits that there is no evidence against him and he has been falsely implicated in this case. It is also submitted that only on the basis of disclosure statement of a co-accused, liberty of the accused/applicant cannot be curtailed.

5. Learned APP for State in all fairness does not dispute that except the disclosure statement of driver of the Bolero car, there is no evidence against the accused/applicant. However, on instructions of the IO, learned APP submits that the accused/applicant has not been cooperating in the investigation, though he has joined investigation as and when called.

                          BAIL APPLN. 4540/2024                                    Page 2 of 3 pages



                                                                                  GIRISH
                                                                                              DN: c=IN, o=HIGH COURT OF DELHI,

2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af 3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003,

KATHPALIA st=Delhi,

b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.03.10 17:12:55 -07'00'

Digitally Signed By:NEETU N NAIR Signing Date:10.03.2026 17:40:58

6. Considering the above circumstances, especially no allegation of misuse of interim liberty by the accused/applicant, I find no reason to deny liberty to the accused/applicant. Besides, it is also informed by both sides that chargesheet has already been filed.

7. Therefore, the application is allowed and it is directed that in the event of his arrest, the accused/applicant shall be released on bail, subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the IO/SHO concerned. Pending application stands disposed of.

GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569 af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638,

KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557099 6b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.03.10 17:12:40 -07'00'

GIRISH KATHPALIA (JUDGE) MARCH 10, 2026/ry

BAIL APPLN. 4540/2024 Page 3 of 3 pages