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Patna High Court

Praduman Kumar @ Pradduman KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to anticipatory bail as they have no possession of the contraband, possess a clean antecedent, and the statutory bail provisions can adequately safeguard the trial process.

Summary

The petitioners, Praduman Kumar and Chotu Kumar, sought anticipatory bail in a case where a FIR had been lodged for the alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 involving the recovery of 40 litres of country‑made liquor. The prosecution named six accused, including the petitioners, but the petitioners argued that no liquor was found in their conscious possession, they were not apprehended at the scene, and their names were recorded based on secret information despite their clean antecedent. The State opposed the bail application. The High Court, applying Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023, granted anticipatory bail subject to a bond of Rs 30,000 each and specific conditions, directing the trial court to verify any criminal antecedent and cancel the bail if concealment is discovered. The order emphasizes that bail acceptance should not be delayed pending verification. The decision balances the seriousness of the offence with the petitioners’ lack of direct involvement and clean record.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the Bihar Prohibition and Excise (Amendment) Act, 2022 for an alleged offence under Section 30(a).
  • Whether the absence of possession and a clean antecedent justify the grant of anticipatory bail despite the recovery of illicit liquor.
  • Whether the conditions prescribed under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023 are applicable in this case.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • liquor seizure
  • criminal antecedent
  • bail bond
  • Section 2(1)(d) B.N.S.S.
  • Section 482(2) B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15728 of 2026
                    Arising Out of PS. Case No.-258 Year-2025 Thana- MOHANPUR District- Samastipur
                 ======================================================
           1.     Praduman Kumar @ Pradduman Kumar S/o- Umesh Mahto R/v- Bingama
                  Po- Jalalpur Ps- Mohanpur Dist- Samastipur
           2.    Chotu Kumar @ Krish Kumar Mahto @ Krish Kumar Chaudhary S/o-
                 Umesh Mahto R/v- Bingama Po- Jalalpur Ps- Mohanpur Dist- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Piyush Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Rajesh Kumar, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Mohanpur P.S. Case No. 258 of 2025 lodged on

                   27.12.2025, for the offence punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, FIR has been lodged against

                   six named accused persons including the present petitioners.

                   The recovery of 40 litres of country made liquor has been made

                   which is the subject matter of the present case.

                                4. Learned counsel for the petitioners submit that the

                   petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.15728 of 2026(2) dt.25-03-2026
                                            2/3




          Counsel submits that nothing has been recovered from the

          conscious possession of the petitioners nor they have been

          apprehended from the place of occurrence. Counsel submits that

          the name of the petitioners have figured in this case on the basis

          of secret information. Counsel further submits that the

          petitioners have clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners.

                       6. In the present facts and circumstances of this case,

          let the above named petitioners be released on anticipatory bail,

          in the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in

          Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of

          Exclusive Special Excise Judge, Excise 2nd, Samastipur, in

          connection with Mohanpur P.S. Case No. 258 of 2025, subject

          to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

                       7. The Trial Court is directed to verify the criminal

          antecedent(s) of the petitioners, and in case, it is found at any

          stage that the petitioners have concealed the fact about their

          criminal antecedent(s), the Trial Court shall take steps for

          cancellation of bail bond of the petitioners. However, the
             Patna High Court CR. MISC. No.15728 of 2026(2) dt.25-03-2026
                                                         3/3




                       acceptance of the bail bonds in terms of the above-mentioned

                       order shall not be delayed for the purpose of or in the name of

                       verification.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T


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