Patna High Court

Pradeep KumarversusThe State of Bihar

Decided: 27 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to bail bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

Petitioner Pradeep Kumar feared arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for alleged recovery of 10 litres of liquor from a public spot near the Dhanauti river. He contended that the liquor was not in his possession, the location did not belong to him, and that he was implicated by a watchman with whom he has an inimical relationship. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.5,000 with two sureties and subject to verification of his criminal antecedent under Section 482(2) of the BNSS. If the trial court finds more than one prior case, the bail will not be confirmed; if only one prior case, the provisional bail will be confirmed.

Issues considered

Whether anticipatory bail should be granted to the petitioner in the pending excise case
Whether the petitioner’s alleged antecedent of a prior excise case affects the grant of anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
criminal antecedent
Section 482
Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12318 of 2026
                      Arising Out of PS. Case No.-1167 Year-2023 Thana- TURKAULIYA District- East
                                                        Champaran
                 ======================================================
                 Pradeep Kumar S/o Late Jhapas Mukhiya R/o Vill- Chailaha kothi, PS-
                 Banjariya, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the excise act and

                   allegation is of recovery of 10 liters of liquor from a place near

                   bank of Dhanauti river.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.12318 of 2026(2) dt.27-02-2026
                                            2/3




          and is accessible to public at large and he came to be implicated

          at the instance of Chowkidar with whom he is on an inimical

          term.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. 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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with

          Turkauliya P.S. Case No. 1167 of 2023 subject to the conditions

          as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
            Patna High Court CR. MISC. No.12318 of 2026(2) dt.27-02-2026
                                                        3/3




                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…