Patna High Court
Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
2/3
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
Checking your session…