Patna High Court
Indrajit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents.
Summary
The petitioners, three residents of Khakhai village, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 99 litres of liquor near Ramvilash Yadav's field. They argued they have clean antecedents, the liquor was not found in their possession, and the informant’s name was omitted from the FIR, casting doubt on the prosecution's case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed verification of the petitioners' criminal antecedents. If any antecedent is found, the bail will not be confirmed; if they are found clean, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of recovered liquor in the petitioners' possession and the omission of the informant’s name from the FIR affect the propriety of granting bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.105 of 2026
Arising Out of PS. Case No.-218 Year-2025 Thana- KISHANPUR District- Supaul
======================================================
1. Indrajit Kumar Son of Dinesh Yadav Resident of Village- Khakhai Ward No.
1, P.S.- Kishanpur, District- Supaul
2. Pradeep Kumar @ Pradip Kumar son of Ravindra Yadav Resident of
Village- Khakhai Ward No. 1, P.S.- Kishanpur, District- Supaul
3. Nitish Kumar son of Ashok yadav Resident of Village- Khakhai Ward No. 1,
P.S.- Kishanpur, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh
For the Opposite Party/s : Mr. Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 99 litres of liquor from a place near the field of
Ramvilash Yadav. It is next submitted that petitioners were not
arrested from the spot as such nothing was recovered from their
conscious possession and even the alleged recovery is from a
Patna High Court CR. MISC. No.105 of 2026(2) dt.13-01-2026
2/3
place which does not belong to the petitioners and they came to
be implicated at the instance of local person but then the name
of local person, who disclosed the name of the petitioner is not
disclosed in the F.I.R., which casts an aspersion on the case of
prosecution.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) each 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
Kishanpur P.S. Case No.218/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
Patna High Court CR. MISC. No.105 of 2026(2) dt.13-01-2026
3/3
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that
petitioners are persons with clean antecedent, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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