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Patna High Court

Bipin Kumar @ Bipin Ram @ Bipin ChandrbanshiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                                          3/3




                        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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