Patna High Court
Bikram Kumar @ KaluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The High Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Bikram Kumar, sought anticipatory bail in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2022, where police recovered English liquor allegedly abandoned by him and another person. The prosecution alleged possession of the liquor, while the petitioner contended that the vehicle and the seized liquor were not his and that the house from which the liquor was recovered was jointly owned by family members. The court noted the lack of direct possession, the joint ownership of the premises, and the petitioner's clean antecedent. Considering these factors, the court was inclined to grant anticipatory bail. The bail was ordered subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, including appearance before the trial court and non‑interference with witnesses or evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2022 given the circumstances of seizure.
- Whether the petitioner’s lack of direct possession and clean antecedent justify bail.
- Whether conditions under Section 482(2) of the BNSS can be imposed to safeguard the trial.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- clean antecedent
- Section 482
- high court bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11677 of 2026
Arising Out of PS. Case No.-284 Year-2025 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Bikram Kumar @ Kalu S/o Ritlal Paswan R/o Vill- Unsar, P.S.- Bochahan,
District- Muzaffarpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vibhuti Kumar, Adv.
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard Mr. Vibhuti Kumar, learned counsel for the
petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Bochahan P.S. Case No. 284 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act, 2022 lodged on 25.11.2025 by the informant, Sanjay
Kumar Singh.
3. As per the prosecution story, the informant alleged
that two cartons containing 8.640 litres of English liquor was
recovered from the bullet, which was allegedly abandoned by
the petitioner and one another miscreant, namely, Anil Kumar.
Thereafter, the police searched the house of the petitioner and
recovered 61.722 litres of English liquor. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that
neither the vehicle belongs to the petitioner where from
Patna High Court CR. MISC. No.11677 of 2026(2) dt.17-02-2026
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recovery has been made nor there is any recovery from his
conscious possession and the house, from where the recovery of
liquor has been made, is in joint possession of his different
family members and the petitioner has got clean antecedent. He
is nowhere related with the seized articles.
5. Learned APP opposes the prayer for anticipatory
bail.
6. Though there is recovery, the fact remains that it
has been recovered/seized from the bullet which does not
belong to the petitioner and the house, from where the recovery
is said to have been made, is in joint possession by other family
members of the petitioner and he has got no criminal
antecedent, this Court is inclined to extend him the privilege of
anticipatory bail
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Special Excise Court III,
Muzaffarur in connection with aforesaid PS Case, subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:-
Patna High Court CR. MISC. No.11677 of 2026(2) dt.17-02-2026
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(i) one of the bailors should be the
family member/relative of the petitioner who
shall provide official document to show
his/her bona fide;
(ii) the petitioner shall appear on
each and every date before the Trial Court
and failure to do so for two consecutive
dates without plausible reason will entail
cancellation of his bail bond by the Trial
Court itself;
(iii) the petitioner shall in no way
try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from
committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Ajit Kumar, J)
perwez
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