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Patna High Court

HARIOM KUMAR @ GUDDARversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Hariom Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 5.94 litres of illicit liquor from a bamboo orchard. The prosecution alleged the offence, but the petitioner argued that the orchard did not belong to him, no incriminating material was found in his possession, and he had a clean antecedent. The State opposed the bail. The Court considered the nature of the accusation, the location of the recovery, and the petitioner's clean record, and granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if arrested within eight weeks, the petitioner be released on bail.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the accused has no direct possession of the alleged illicit liquor.
  • Whether the petitioner's clean antecedent and the circumstances of recovery justify the grant of anticipatory bail.
  • Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita may be imposed on the anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • Section 30(a)
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22037 of 2026
                      Arising Out of PS. Case No.-10 Year-2026 Thana- MEHUSH District- Sheikhpura
                 ======================================================
                 Hariom Kumar @ Guddar S/O Ramanand Singh @ Taru Singh Resident Of
                 Village- Mehus, P.S.- Mehus, District- Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 5.940 litres illicit liquor

                   was recovered from bamboo orchard.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. The orchard in question does not

                   belong to the petitioner. Petitioner has got no concern with the

                   alleged recovery and he has been made accused in this case

                   merely on suspicion. Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State opposed the bail

                   application.
              Patna High Court CR. MISC. No.22037 of 2026(2) dt.15-04-2026
                                                          2/2




                                     6. Considering nature of accusation, place of recovery

                        and clean antecedent, this anticipatory bail is allowed and it is

                        ordered that let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Court Exclusive Special

                        Excise Court, Sheikhpura in connection with Mehus P. S. Case

                        No. 10 of 2026, subject to condition as laid down under Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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