Patna High Court
HARIOM KUMAR @ GUDDARversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
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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