Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioners subject to conditions and verification of antecedents.
Summary
The petitioners, Raushan Kumar and Dukhan Yadav, were implicated in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Amendment Act, 2022 for allegedly possessing 225 litres of liquor recovered from the Sone Diyara area. They contended that they have clean antecedents, were not arrested at the spot, and that the chowkidar’s failure to inform police earlier suggested a false implication. The State opposed their request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioners furnishing bail bonds of Rs.500 each with two sureties and pending verification of their criminal antecedents by the trial court. The order stipulated that if any antecedent is discovered, the bail would be presumed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed. The decision rests on the court’s inherent powers under Section 482(2) of the CrPC to prevent abuse of the process.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under the Bihar Prohibition and Excise Amendment Act, 2022?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- liquor possession
- clean antecedent
- false implication
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12324 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- OBRA District- Aurangabad
======================================================
1. Raushan Kumar Son of Jitan Yadav @ Jitendra Yadav Resident of Village
-Mahadewa, PS- Obra, District -Aurangabad, Bihar
2. Dukhan Yadav @ Dipak Kumar Son of Ramji Yadav Resident of Village
-Mahadewa, PS- Obra, District -Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rupa Kumari, Adv.
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 30(a) and
30 (c) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 225 litres of liquor from Sone diyara area. It is next
submitted that petitioners were not arrested from the spot as
such nothing was recovered from their conscious possession and
even alleged recovery is from a place which does not belong to
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the petitioners and is accessible to villagers at large and they
came to be implicated but then it is submitted that if chowkidar
was aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to institution of the
instant FIR which casts an aspersion on the case of the
prosecution. It is also submitted that it appears that chowkidar in
order to save the real culprit falsely implicated the petitioners,
who admittedly are persons with clean antecedent.
4. Learned A.P.P. for the State Mr. Rabindra Kumar
opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) each
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 Obra P.S. Case No.09/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
Patna High Court CR. MISC. No.12324 of 2026(2) dt.09-03-2026
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even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that
petitioners are persons with clean antecedent, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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