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Patna High Court

Amresh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions.

Summary

Amresh Kumar applied for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 30 litres of liquor and a mobile phone were recovered from a motorcycle allegedly linked to him. He contended that he had no prior criminal record, was not the owner of the seized vehicle, and was unaware that his friend would misuse his mobile phone, which was the basis for his implication. The State opposed the anticipatory bail application. The High Court, considering the petitioner's clean antecedent and the circumstances, directed that he be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to Section 482(2) of the B.N.S.S. and verification of his antecedent. The court further ordered that if any criminal antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail. Additionally, the petitioner was instructed to deposit Rs.2,500 with the Advocates’ Association, Patna High Court within two weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • liquor seizure
  • clean antecedent
  • provisional bail
  • bail bond
  • verification of antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1243 of 2026
                          Arising Out of PS. Case No.-24 Year-2025 Thana- LUTUA District- Gaya
                 ======================================================
                 Amresh Kumar Son of Dinesh Yadav R/o Village - Badatand, P.S. - Banke
                 Bazar, Dist. - Gaya.

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

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

3   31-01-2026                  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 30 litres of liquor from a motorcycle and one mobile

                   was also seized. It is next submitted that petitioner was not

                   arrested from the spot, as such, nothing was recovered from his

                   conscious possession and is not the owner of the seized vehicle

                   but then came to be implicated based on the fact that he is

                   owner of the seized mobile. It is next submitted that petitioner

                   was completely unaware that his friend would misuse his
Patna High Court CR. MISC. No.1243 of 2026(3) dt.31-01-2026
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          mobile in the manner as alleged, who also fled from the spot.

                       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

          Judge Excise-3, Gaya in connection with Lutua P.S. Case No.24

          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

          not be confirmed, but if on verification, it is found that
               Patna High Court CR. MISC. No.1243 of 2026(3) dt.31-01-2026
                                                           3/3




                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.2500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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