Patna High Court
Nasiban Kumar @ Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Nasiban Kumar, sought anticipatory bail fearing arrest in a case (Bypass PS No. 599 of 2025) alleging offences under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for allegedly transporting 112 litres of illicit Mahua liquor on a scooty. The prosecution claimed the liquor was recovered from a jute sack on the scooty, while the petitioner contended he had no possession of the liquor or the vehicle, asserting false implication due to his prior criminal record. The learned APP opposed bail. The Court, after considering the facts and submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions including personal appearance in court and verification of criminal antecedents. The order emphasized that any observations made would not affect the trial. The bail was ordered for a period of four weeks from the date of the order.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Amendment Act.
- Whether the petitioner’s prior criminal antecedents and alleged lack of possession of the seized liquor preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- criminal antecedent
- liquor offence
- Section 317
- Section 30(a)
- high court order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11202 of 2026
Arising Out of PS. Case No.-599 Year-2025 Thana- BYPASS District- Patna
======================================================
Nasiban Kumar @ Ravindra Kumar, S/o Sanjay Prasad @ Naga Bind R/o
Village - Beldari Tola, P.S - Bypass, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Bypass P.S. Case No. 599 of 2025 registered for the offences
under Sections 317 (5) of the Bharatiya Nyaya Sanhita, 2023
and Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. The prosecution case is that on secret information,
the petitioner and others were carrying liquor illegally, a raid
was conducted and a total of 112 liters of country made Mahua
liquor was recovered from a jute sack kept on the scooty.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case merely
because he carries criminal antecedent. It has further been
submitted that the petitioner was neither apprehended with the
Patna High Court CR. MISC. No.11202 of 2026(2) dt.17-02-2026
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seized materials nor the same was recovered from his conscious
possession or from his house. It has next been submitted that the
scooty does not belong to the petitioner and it is at the behest of
the police that he has falsely been impleaded in this case. It has
also been submitted that the petitioner was also made an
accused one day prior to the present incident in another case of
similar nature, however, he has no concern whatsoever with the
same. It has lastly been submitted that the petitioner has two
criminal antecedents.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Bypass P.S. Case No. 599 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
Patna High Court CR. MISC. No.11202 of 2026(2) dt.17-02-2026
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as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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