Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted, subject to verification of antecedents and compliance with bail conditions.
Summary
The petitioner, Pintu Kumar, feared arrest in a case registered under Sections 30(a), 30(c), 34 and 36 of the Bihar Prohibition and Excise Amendment Act, 2022, alleging recovery of 75 litres of liquor and 6,400 litres of illicit Mahua from a chamber behind Subhash Rai’s house. He asserted that no contraband was found on his person, that the alleged recovery occurred at a place not belonging to him, and that a hostile chowkidar had falsely implicated him to protect the real culprit. The State opposed his prayer for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs 500 and two sureties of the same amount, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. If any antecedent is discovered, the bail will not be confirmed; otherwise it will be confirmed forthwith. The order directs the trial court to verify the antecedents and act accordingly.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail.
- Whether Section 482(2) of the B.N.S.S. can be invoked to grant provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act, 2022
- Section 30
- Section 34
- Section 36
- false implication
- clean antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14795 of 2026
Arising Out of PS. Case No.-735 Year-2025 Thana- DARIYAPUR District- Saran
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Pintu Kumar S/o Sukan Rai R/o Village- Itwan English, (Hingua Tola), PS-
Dariyapur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a),
30(c), 34 and 36 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 75 litres of liquor along with 6400 litres of illicit
Mahua pass from a chamber behind the house of Subhash Rai.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and even alleged recovery is from a place which does not
belong to the petitioner and he has no concern or relation with
Patna High Court CR. MISC. No.14795 of 2026(2) dt.13-03-2026
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Subhash and he came to be implicated at the instance of
chowkidar with whom he is on an inimical term. It is next
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, when petitioner
admittedly is a person with clean antecedent. It is submitted that
chowkidar in order to save the real culprit falsely implicated the
petitioner.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his 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) 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 Dariyapur P.S. Case No.735/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
Patna High Court CR. MISC. No.14795 of 2026(2) dt.13-03-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person 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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