Created by Fuzzy Cloud

Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Anil Kumar, sought anticipatory bail after a case was registered against him under Sections 188 and 120B of the Indian Penal Code and Sections 30(a) and 38(2) of the Bihar Excise Act for the alleged recovery of 218.04 litres of liquor from a house not owned by him. He argued that he has a clean antecedent, was not arrested at the scene, and that the allegation is based solely on suspicion arising from his mobile number being linked to the investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. The court clarified that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of the case?
  • Whether the petitioner’s alleged involvement, based on suspicion and lack of possession, warrants denial of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Bihar Excise Act
  • clean antecedent
  • suspicion
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15060 of 2026
                   Arising Out of PS. Case No.-141 Year-2021 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Anil Kumar S/O Prem Lal yadav R/O vill.- Shibutal Nawada Rani, P.S-
                 Bachchwara, Dit.- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Braj Bhusan Poddar
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   25-06-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Rabindra Kumar.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 188 and

                   120B of the IPC and Sections 30(a) and 38(2) of the Bihar

                   Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 218.04 litres of liquor from the house of Rishu

                   Kumar.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a house which does not belong to the petitioner
Patna High Court CR. MISC. No.15060 of 2026(3) dt.25-06-2026
                                            2/3




          and petitioner has no concern or relation with Rishu and he

          came to be implicated during the course of investigation being

          user of Mobile No. 9973573352. It is thus submitted that entire

          allegation is based on suspicion.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     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 Bachhwara P.S. Case No. 141 of 2021, subject

          to the conditions as laid down under Section 482(2) of the

          BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          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

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.15060 of 2026(3) dt.25-06-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.