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Patna High Court

Abhay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner, subject to a bail bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Abhay Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 180 litres of liquor from a location near a pond. He contended that he has a clean antecedent, was not in possession of the liquor, and was implicated solely on the basis of secret information without a proper investigation. The State opposed his anticipatory bail application. The High Court, after 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 criminal antecedent. The order further stipulated that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. Consequently, the anticipatory bail application was allowed subject to the stated conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail.
  • Whether the reliance on secret information without a proper investigation suffices to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • secret information
  • provisional bail
  • bail bond
  • verification of antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12076 of 2026
                   Arising Out of PS. Case No.-870 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Abhay Kumar Son of Bholi Sahani Resident of Village - Islampur, Police
                 Station - Hajipur Sadar,Dist. - Vaishali.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Sweety Sinha, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026                  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) 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 180 litres of liquor from a place near a pond. 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 based on secret

                   information, which is the easiest way to implicate someone

                   without holding a proper investigation, when petitioner
Patna High Court CR. MISC. No.12076 of 2026(2) dt.26-02-2026
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          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

          Excise Court No.1-cum-District & Additional Sessions Judge,

          Vaishali at Hajipur in connection with Hajipur Sadar (Kazipur)

          P.S. Case No.870 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

          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
               Patna High Court CR. MISC. No.12076 of 2026(2) dt.26-02-2026
                                                           3/3




                         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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