Patna High Court
Bhola Kumar @ Amresh @ Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners.
Summary
The petitioners, Bhola Kumar, Jitendra Kumar and Rajeev Kumar, applied for anticipatory bail fearing arrest in connection with a case where 855 litres of illicit Nepali liquor was seized from a white Scorpio (registration BR 1 AP 1516) near the Indo‑Nepal border. The police identified the petitioners based on secret information from a Mahal Chowkidar, although the petitioners neither owned the vehicle nor the premises where the liquor was found. The petitioners argued that they have no constructive possession of the seized liquor and cited the Supreme Court’s decision in Ayub Khan v. State of Rajasthan, emphasizing that criminal antecedents alone should not bar bail. The State opposed the bail, but the court noted the lack of any link between the petitioners and the seized goods and considered the limited relevance of their criminal records. Consequently, the court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties within four weeks, subject to Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted when the accused are not in constructive possession of the seized illicit liquor.
- Whether identification of the accused solely on the basis of secret information suffices to deny bail.
- Whether the presence of criminal antecedents should preclude anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- constructive possession
- secret information
- criminal antecedents
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17711 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- SONBERSA District- Sitamarhi
======================================================
1. Bhola Kumar @ Amresh @ Amresh Kumar S/o- Ram Dular Ray @ Dular
Rai Resident of Village- Lalbandi Darbar Hanuman Nagar, Police Station -
Sonbarsa, District -Sitamarhi
2. Jitendra Kumar S/o- Sitaram Ray Resident of Village- Janki Nagar Tole,
Hanuman Nagar, Police Station - Sonbarsa, District -Sitamarhi
3. Rajeev Kumar S/o- Muneshar Ray Resident of Village- Sahorwa Police
Station - Sonbarsa, District -Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Sonbarsa P.S. Case No.39 of 2026, F.I.R dated
11.02.2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Amendment Act,
2022.
3. As per the prosecution case, on 11.02.2026, during
evening patrolling, the informant Sanjay Kumar, ASI of
Sonbarsa Police Station, received secret information that the
Patna High Court CR. MISC. No.17711 of 2026(2) dt.25-03-2026
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named accused persons and others were loading illicit Nepali
liquor into a white Scorpio near the bamboo clamps of Harindar
Ray at village Soharwa, near the Indo-Nepal border. Acting on
the said information, he reached the spot, where upon seeing the
police party, the accused persons allegedly fled away, though
they were identified by the Mahal Chowkidar. Thereafter, the
white Scorpio bearing registration no. BR 1 AP 1516 was
searched, and 855 litres of Nepali country-made liquor was
allegedly recovered, whereafter seizure list was prepared.
4. Learned counsel for the petitioners submits that
recovery is made from a Scorpio vehicle bearing registration no.
BR 1 AP 1516, and the petitioner is neither the owner of the
vehicle in question nor the owner of the premises from where
the vehicle was apprehended. It has next been submitted that the
petitioners have no concern with the seized liquor and the name
of the petitioners has transpired on the basis of secret
information given by Mahal Chowkidaar. It has further been
submitted by the learned counsel for the petitioners, by referring
to a case rendered by Hon’ble Supreme Court in Ayub Khan v.
The State of Rajasthan, Hon’ble Justice Abhay S. Oka held that
criminal antecedents of an accused are only one of the several
factors to be considered while deciding a bail application and
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cannot, by themselves, be treated as an absolute ground for
rejection of bail. The Court observed that depending upon the
facts of the case, the period of incarceration, and the overall
circumstances, bail may still be granted notwithstanding the
existence of criminal antecedents. Lastly, it has been submitted
that the petitioner No.1 has four criminal antecedent in which he
is on bail while petitioner No.2 has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioners and the petitioner has no
concern with the seized liquor and the name of the petitioner has
transpired on the basis of secret information given by Mahal
Chowkidaar, accordingly, this Court is inclined to grant
anticipatory bail to the petitioners.
7. Let the petitioners, above named, be released on
anticipatory bail in the event of their arrest or surrender before
the court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
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learned Exclusive Excise Court No. 1, Sitamarhi, in connection
with Sonbarsa P.S. Case No.39 of 2026 subject to the condition
as laid down under Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J)
sharun/-
U T
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