Patna High Court
Bikki Kumar @ Bikki ParnabversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bail bonds and verification of antecedents, with confirmation contingent on the verification outcome.
Summary
The petitioners, five residents of Fatehjanpur, applied for anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and multiple sections of the Bihar Narcotic Substances Act, 2023 relating to alleged recovery of 870 ml of liquor from Sanjay Kumar’s house. They argued that they were not present at the scene, nothing was found in their possession, and they merely opposed Sanjay Kumar’s arrest. The State opposed the bail. The High Court, after hearing both sides, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs 5,000 each with two sureties, subject to verification of their criminal antecedents and compliance with Section 482(2) of the CrPC. The order stipulated that if verification shows concealed or multiple prior cases, the provisional bail would not be confirmed; otherwise it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the provisions of the Bihar Prohibition and Excise Act, 2016 and the Bihar Narcotic Substances Act, 2023.
- Whether the petitioners’ criminal antecedents, if concealed or extensive, affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 132, 190, 191(2), 191(3), 263, 324(4), 324(5), 351(2), 351(3), 352
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- prohibition act
- excise
- narcotic substances
- bail conditions
- criminal antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1407 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- NADI P.S. District- Patna
======================================================
1. Bikki Kumar @ Bikki Parnab S/o Raj Kumar Paswan R/o Village-
Fatehjanpur, PS- Nadi, Distt- Patna
2. Kapil Paswan @ Suddan Paswan @ Bhulena S/o Ramsharan Paswan R/o
Village- Fatehjanpur, PS- Nadi, Distt- Patna
3. Ekki Kumar @ Ekki Paswan S/o Raj Kumar Paswan R/o Village-
Fatehjanpur, PS- Nadi, Distt- Patna
4. Ravi Paswan @ Ravi Kumar S/o Prameshwar Paswan R/o Village-
Fatehjanpur, PS- Nadi, Distt- Patna
5. Banti Paswan @ Banti Kumar S/o Prameshwar Paswan R/o Village-
Fatehjanpur, PS- Nadi, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) Bihar
Prohibition and Excise, 2016 as well as Sections 191(2), 191(3),
190, 132, 324(4), 324(5), 263, 352, 351(2) and 351(3) of B.N.S.,
2023.
3. Learned counsel for the petitioners submits that
petitioners no.1 and 5 have antecedent of one case and
Patna High Court CR. MISC. No.1407 of 2026(2) dt.21-01-2026
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petitioners no.2, 3 and 4 are persons with clean antecedent and
allegation is of recovery of 870 ml. of liquor from house of
Sanjay Kumar. 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 the petitioners and have no
relation or concern with Sanjay Kumar but then it is alleged that
petitioners along with other accused persons were opposing the
arresting of Sanjay Kumar.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.5,000/- (Rupees Five Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Court of Excise, Patna City, Patna in
connection with Nadi P.S. Case No.304 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
Patna High Court CR. MISC. No.1407 of 2026(2) dt.21-01-2026
3/3
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners no.1 and 5 have antecedents of
more than one case and petitioners no.2, 3 and 4 have
antecedent of even one case, then it would be presumed that
petitioners for the purposes of obtaining anticipatory bail had
concealed their 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 petitioner no.1
and 5 has antecedent of only one case and petitioners no.2, 3
and 4 are persons 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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