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Patna High Court

Chintu Kumar @ Sintu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail cannot be granted where the petitioner has prior similar criminal antecedents and the nature of the offence warrants detention.

Summary

The petitioner, Chintu Kumar, was implicated in a case (PS Gardanibagh, Case No. 32 of 2025) for alleged offences under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act after 36 litres of illicit liquor were seized at the spot. He applied for anticipatory bail, arguing that no incriminating material was found in his conscious possession and that the accusation was based merely on suspicion. The State opposed the bail, highlighting three prior convictions of a similar nature. The court examined the relevance of the petitioner’s criminal antecedents in the context of anticipatory bail jurisprudence. Considering the seriousness of the offence and the petitioner’s past record, the court refused the prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to a person accused of offences under the Bihar Prohibition and Excise Act when he has prior similar criminal antecedents

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17615 of 2026
                      Arising Out of PS. Case No.-32 Year-2025 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Chintu Kumar @ Sintu Kumar S/o Mantu Ray R/o Janta Road, P.S.-
                 Gardanibagh, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar Sah, Advocate
                 For the Opposite Party/s :       Mr. Anish Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-05-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Gardanibagh P. S.

                   Case No. 32 of 2025 registered for the offences punishable

                   under Sections 30(a), 36 of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 36 liters illicit liquor was

                   recovered from the spot.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. He has been made accused in this

                   case only on suspicion.

                                5. Learned A.P.P. for the State opposes the prayer for

                   bail and submits that the petitioner has got three criminal

                   antecedents of similar nature.

                                6. Considering the criminal antecedents of similar
              Patna High Court CR. MISC. No.17615 of 2026(2) dt.04-05-2026
                                                          2/2




                        nature, prayer for anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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