Patna High Court
Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Petitioner Bipin Kumar sought anticipatory bail after police seized 20 litres of Mahua liquor from a motorcycle he owned, alleging his involvement in an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. He contended that the bike was lent to a friend and he had no knowledge of the liquor, though he has three prior criminal convictions. The State opposed the bail, arguing the seriousness of the offence. The High Court considered the facts, the petitioner’s claim of innocence, and his antecedents, and applied Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S. to grant anticipatory bail with stringent conditions, including surety, personal appearance, and police monitoring. The order emphasized that the observations are not binding during trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offence under the Bihar Prohibition and Excise Amendment Act, 2018 and his criminal antecedents.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Amendment Act
- Mahua liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11214 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- TETERHAT District- Lakhisarai
======================================================
Bipin Kumar, S/O Rambilash Yadav @ Ramvilash Resident of Village-
Badhisir, P.S.- Bannu Bagicha, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shaukat Alam, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, 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
Tetarhat P.S. Case No.187 of 2025 registered for the offences
under Sections 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2018.
3. The prosecution case is to the effect that the police,
on secret information, intercepted a motorcycle and the person
driving the same managed to flee and on search total 20 liters
Mahua liquor was recovered from a bag.
4. Learned counsel for the petitioner submits that the
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petitioner is innocent and he has falsely been implicated in this
case merely because he is the owner of the seized motorcycle. It
has further been submitted that the petitioner had given his
motorcycle to his friend and he has no concern with the alleged
liquor. It has next been submitted that at the behest of the local
persons, the name of the petitioner has been given in the present
case. It has lastly been submitted that the petitioner carries three
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
Tetarhat P.S. Case No.187 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.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
Patna High Court CR. MISC. No.11214 of 2026(2) dt.17-02-2026
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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.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before the
Superintendent of Police, lakhisarai within fifteen days
of his release with a copy of this order and every two
weeks thereafter for the next nine months. The conduct
of the petitioner will be kept under watch in this period
by the Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be made to
the court concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail. After
reporting to the Superintendent of Police, a certificate
will be filed by the petitioner before the court
concerned.
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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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