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Patna High Court

Bikki Kumar @ Bikki ParnabversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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