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Patna High Court

Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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