Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail, granting provisional bail subject to verification of antecedent and conditions under Section 482(2).
Summary
The petitioner, Kanhaiya Kumar, applied for anticipatory bail after fearing arrest in a case under Sections 30(a), (c) and (d) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that the liquor and mahua seized were not in his possession and that he was falsely implicated by a hostile watchman. The petitioner claimed a clean criminal record and argued that the watchman’s delayed complaint cast doubt on the prosecution’s case. The State opposed the bail. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent and compliance with conditions under Section 482(2) of the B.N.S.S. The order was made conditional: if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the alleged recovery of liquor and mahua, without possession by the petitioner, justifies denial of bail.
- Whether the verification of the petitioner’s criminal antecedent affects the confirmation of the provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- clean antecedent
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1078 of 2026
Arising Out of PS. Case No.-310 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Kanhaiya Kumar son of Shiv Paswan @ Shiv shiv Kumar Paswan Resident
Of Village- Gehuni, Ward No 1, Ps- Bhagwanpur District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Mohan Singh, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a)(c)(d) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 87 litres of liquor from a field along with 2000-3000
litres of Jawa Mahua, which was destroyed at the spot. 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 he came to be implicated at the instance of
Chowkidar with whom his family is on an inimical term. It is
Patna High Court CR. MISC. No.1078 of 2026(2) dt.20-01-2026
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also submitted that if Chowkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to institution of the instant FIR, which casts an
aspersion on the case of the prosecution. It is also submitted that
it appears that the Chowkidar in order to save the real culprits
falsely implicated the petitioner, when petitioner admittedly is a
person with clean antecedent.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge Excise-I, Begusarai in connection with Bhagwanpur P.S.
Case No.310 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
Patna High Court CR. MISC. No.1078 of 2026(2) dt.20-01-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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