Patna High Court

Trigun KumarversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court granted anticipatory bail to the petitioners subject to a Rs 30,000 bond and conditions under the BNSS, 2023.

Summary

The petitioners, Trigun Kumar and Suman Kumar, sought anticipatory bail fearing arrest in a case (PS‑522/2025) under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 40 litres of illicit liquor. They contended they had no possession of the liquor and were innocent, though one petitioner had a pending criminal case unrelated to the Excise Act. The State opposed the bail. The Court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs 30,000 under Section 2(1)(d) of the Bihar Narcotic and Substances (Suppression) Act, 2023, and to comply with conditions under Section 482(2) of the same Act. The trial court was instructed to verify the petitioners’ criminal antecedents and cancel the bail if any concealment is discovered. The order was made effective immediately, without delay for antecedent verification.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether a pending criminal case unrelated to the Excise Act affects the grant of anticipatory bail.
Whether the conditions imposed under the BNSS, 2023 are appropriate for anticipatory bail.

Subjects

anticipatory bail
illicit liquor
excise law
criminal antecedent
bail bond
Bihar Prohibition and Excise Act
BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15834 of 2026
                      Arising Out of PS. Case No.-522 Year-2025 Thana- KHUSRUPUR District- Patna
                 ======================================================
           1.     Trigun Kumar Son of Ganesh Yadav @ Ganesh Singh R/o Village -
                  Kayampur, P.S.- Khusrupur, District- Patna.
           2.     Suman Kumar Son of Feku Yadav Resident of Village - Baghwabari Ita
                  Bhatta Tola, Ward No. 16, P.S. - Nagar, District - Katihar.
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harish Kumar, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, APP
                 ======================================================
                 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 Khusrupur P.S. Case No. 522 of 2025, dated

                   24.12.2025, lodged under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of 40 litres of

                   illicit liquor has been made, which is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence. He

                   further submits that nothing has been recovered from the

                   possession of the petitioners. Furthermore, he submits that the

                   criminal antecedent of the petitioner No. 1 is not clean, as there is

                   one criminal case pending against him, however, the same is not

                   under the Excise Act, and the criminal antecedent of petitioner
         Patna High Court CR. MISC. No.15834 of 2026(2) dt.25-03-2026
                                                     2/2




                   No. 2 is clean.

                                5. Learned APP for the State opposes the prayer for

                   bail of the petitioners.

                                6. As such, 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) as mentioned

                   in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of

                   Additional Special Judge Excise, Patna City, in connection with

                   Khusrupur P.S. Case No. 522 of 2025, subject to the conditions

                   as laid down U/s 482(2) of the BNSS, 2023.

                                7. It is further directed that the Trial Court shall verify

                   the criminal antecedents of the petitioners, and in case it is found

                   at any stage that the petitioners have concealed their criminal

                   antecedents, the Trial Court shall take steps for cancellation of

                   the petitioners’ bail bond. However, the acceptance of the bail

                   bond in terms of the above-mentioned order shall not be delayed

                   for the purpose of or in the name of verification.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-
U     T

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