Patna High Court
Kulbhushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Kulbhushan Kumar sought anticipatory bail after the police lodged a case (Arariya Sangram P.S. Case No. 93 of 2025) alleging his involvement in the possession and recovery of 450 litres of illicit liquor, offences punishable under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner contended that he was not named in the FIR, that the seized vehicle belonged to him but had already been sold, and that he had a clean antecedent. The State opposed the bail. The High Court, applying the provisions of the Bharatiya Nyaya Sanhita on anticipatory bail, granted the petitioner anticipatory bail on furnishing a bail bond of Rs.1,50,000, subject to conditions including family‑member surety, regular appearance before the trial court, and verification of any concealed criminal antecedents. The order directed the trial court to verify the petitioner’s antecedents but not to delay acceptance of the bail bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 2(1)(d) and 482(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s alleged involvement in the illicit liquor case, despite not being named in the FIR, justifies denial of bail.
- Whether the conditions imposed by the court are appropriate and lawful.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 274, 275, 3(5), 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22674 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- Araria Sangram District- Madhubani
======================================================
Kulbhushan Kumar S/o- Suresh Jha Resident of Village- Bishanpur
Srirampur, P.S.-Titara Asanan. District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sushil Kumar Jha, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Arariya Sangram P.S. Case No. 93 of 2025 (GR No.
804/2025) lodged on 28.12.2025, for the offence punishable
under Sections 274, 275 & 3(5) of the Bharatiya Nyaya Sanhita,
2023 and section 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. As per the prosecution, FIR has been lodged against
one named accused person and owner of a vehicle. Total
recovery of 450 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
submits that nothing has been recovered from the conscious
Patna High Court CR. MISC. No.22674 of 2026(2) dt.16-04-2026
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possession of the petitioner and the alleged recovery has been
made from the car. Counsel further submits that petitioner is not
named in the FIR and he has been falsely implicated in this case
due to the reason that the seized car belongs to petitioner which
he already sold to other person. Counsel further submits that the
petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) as mentioned
in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
Special Judge (Excise), Act, Jhanjharpur, in connection with
Arariya Sangram P.S. Case No. 93 of 2025 (GR No. 804/2025),
subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023 with further conditions:-
(i) one of the bailors should be the family member of
the petitioner who shall provide official document to show
his/her bona fide;
(ii) the petitioner shall appear before the Trial Court
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on each and every scheduled date, and failure to do so for two
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of his bail bonds by the Trial Court
itself;
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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