Patna High Court
Arvind Kumar @ Arvind Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail could not be granted in the present facts.
Summary
The petitioner, Arvind Kumar, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 3.75 litres of illicit liquor. The prosecution alleged that the liquor was recovered and the petitioner was implicated, while the petitioner claimed innocence and no possession of the liquor. The State opposed bail, highlighting the petitioner’s unclean criminal antecedent, including a pending criminal case. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, finding the circumstances insufficient for such relief. The Court directed the petitioner to surrender to the trial court within six weeks, where his bail application would be considered on merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
- Whether the petitioner’s criminal antecedent justifies denial of anticipatory bail.
Subjects
- anticipatory bail
- illicit liquor
- prohibition and excise
- criminal antecedent
- surrender
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21706 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- PIYAR District- Muzaffarpur
======================================================
Arvind Kumar @ Arvind Kumar Yadav S/o- Vashist Ray Village- Bandra PS-
Piyar Distt- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pradeep Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Piyar (Muzaffarpur) P.S. Case No. 213 of 2025, dated
12.12.2025, lodged under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2022, pending before the Court
of Special Judge Excise, Court No.-II, Muzaffarpur.
3. As per the prosecution, total recovery of 3.750 litres
of illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that nothing has been recovered from the
conscious possession of the petitioner. Counsel also submits that
Patna High Court CR. MISC. No.21706 of 2026(2) dt.08-04-2026
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the criminal antecedent of the petitioner is not clean, as one
criminal case is pending against him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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