Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 38(2)
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 120B, 188
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.