Patna High Court
Viveka Kumar @ Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Petitioner no.2 is entitled to provisional anticipatory bail subject to bond conditions and verification of his antecedent, while the anticipatory bail application of petitioner no.1 may be withdrawn.
Summary
The petitioners, Viveka Kumar and Ranjeet Choudhary, filed anticipatory bail applications in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged recovery of liquor. The counsel for petitioner no.1 sought to withdraw his anticipatory bail application after his arrest, which the court permitted. Petitioner no.2, claiming a clean antecedent and no possession of the liquor, sought anticipatory bail, which the State opposed. The court, after considering the submissions, granted provisional anticipatory bail to petitioner no.2 on condition of furnishing a Rs.500 bail bond with two sureties, subject to verification of his antecedent under Section 482(2) of the CrPC. The order stipulates that if any antecedent is discovered, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether petitioner no.2 is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the anticipatory bail application of petitioner no.1 can be withdrawn after his arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- CrPC Section 482
- clean antecedent
- liquor recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10267 of 2026
Arising Out of PS. Case No.-290 Year-2020 Thana- TEGHRHA District- Begusarai
======================================================
1. Viveka Kumar @ Vivek Kumar S/o Manoj Choudhary @ Manoj Chaudhary
@ Tinku Kunwar R/o Village - Daniyalpur, Gaura - 2, P.S - Teghra, District -
Begusarai
2. Ranjeet Choudhary @ Ranjeet Chaudhary S/o Kamleshwar Choudhary @
Kamleshwar Chaudhary @ Kamwalo Choudhary R/o Village - Daniyalpur,
Gaura - 2, P.S - Teghra, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioners at the outset
seeks permission to withdraw the anticipatory bail application
with respect to petitioner no.1, who was arrested during
pendency of the same.
3. Permission is accorded.
4. The petitioner no.2 apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2022.
5. Learned counsel submits that petitioner no.2 is a
person with clean antecedent and allegation is of recovery of
Patna High Court CR. MISC. No.10267 of 2026(3) dt.16-03-2026
2/3
326.25 litres of liquor from a place inside the drainage. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to
the petitioner and is accessible to public at large and he came to
be implicated based on secret information which is the easiest
way to implicate someone without holding a proper
investigation, when petitioner admittedly is a person with clean
antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no.2, in the event of his
arrest or surrender within a period of six weeks from today, be
released on provisional anticipatory bail on furnishing bail
bonds of Rs.500/- (Rupees five hundred) with two sureties of
the like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Teghra (Teghrha) P.S. Case No.290/2020, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
8. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedent of the petitioner
Patna High Court CR. MISC. No.10267 of 2026(3) dt.16-03-2026
3/3
and in the event if it is found that petitioner no.2 has antecedent
of even one case, in that event, it would be presumed that
petitioner no.2 had concealed his antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that petitioner
no.2 is a person with clean antecedent, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…