Patna High Court
Bipin Kumar @ Bipin Ram @ Bipin ChandrbanshiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Bipin Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 20 litres of liquor from a garbage site near his house and 30 litres from another individual, Sanjay. He asserted that he had no conscious possession of the liquor, maintained a clean criminal record, and claimed the accusation stemmed from an inimical relationship with a chowkidar. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s antecedent under Section 482(2) of the BNSS. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged liquor was not in the petitioner’s conscious possession.
- Whether the petitioner’s clean antecedent and the circumstances of the alleged recovery justify the grant of anticipatory bail.
- Whether the trial court must verify the petitioner’s criminal antecedent before confirming the provisional anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- liquor possession
- clean antecedent
- high court order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16187 of 2026
Arising Out of PS. Case No.-252 Year-2025 Thana- Mehendiya District- Arwal
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Bipin Kumar @ Bipin Ram @ Bipin Chandrbanshi Son of Kapil Ram @
Ashok Chandrbanshi Resident Of Village - Isamailapur, P.S. - Mahendiya,
P.S. - Mahendiya, Dist. - Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Neeraj
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 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 offences punishable under Section 30(a) 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 20 litres of liquor from a garbage in front of the
door of the petitioner’s house and 30 litres of liquor from
possession of Sanjay.
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
Patna High Court CR. MISC. No.16187 of 2026(2) dt.17-03-2026
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recovery is from a place which does not belong to the petitioner
but then is adjacent to his house and petitioner has no concern or
relation with Sanjay 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 the Chowkidar was aware about 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.
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 Mehandiya P.S. Case No. 252 of 2025, 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
Patna High Court CR. MISC. No.16187 of 2026(2) dt.17-03-2026
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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
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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