Patna High Court
Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that, given the petitioner’s clean antecedent and the applicable precedents, anticipatory bail under Section 438 CrPC was warranted.
Summary
The petitioner, Vinay Kumar, sought anticipatory bail fearing arrest in a case involving the seizure of 2,525.4 liters of illicit liquor under several provisions of the Bihar Prohibition and Excise Act. The prosecution alleged violations of Sections 30(a), 32(ii)(iii), 36 and 41(i)(ii) of that Act. Relying on a Supreme Court order dated 11‑07‑2022 and a prior Patna High Court order (Cr. Misc. No. 18306 of 2022), the court examined whether anticipatory bail was appropriate. Considering the petitioner’s clean antecedent and the nature of the offences, the court granted anticipatory bail with a bond of Rs 10,000 and two sureties, subject to monthly police‑station attendance and verification of no other criminal involvement. The order also stipulated that any default would lead to cancellation of bail.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of antecedent justifies the grant of anticipatory bail.
- What conditions may be imposed while granting anticipatory bail in such cases.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- illicit liquor
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24408 of 2026
Arising Out of PS. Case No.-40 Year-2022 Thana- BIBHUTIPUR District- Samastipur
======================================================
Vinay Kumar S/O Ram Prahalad Kumar @ Ram Prahalad Ray Resident of
Village- Marwa Gopalpur, Police Station- Vidyapati Nagar, District-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Bibhutipur P.S. Case No. 40/2022 registered for the
offences punishable under Section 30(a), 32(ii)(iii), 36,41(i) (ii)
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
2525.400 liters of illicit liquor.
4. Considering the order dated 11.07.2022 passed by
the Supreme Court and the order dated 22.04.2022 passed by
this Court in Cr. Misc. No. 18306 of 2022 and the considering
the fact that the petitioner has no antecedent, this application for
anticipatory bail is allowed.
Patna High Court CR. MISC. No.24408 of 2026(2) dt.01-05-2026
2/2
5. Accordingly, let the petitioner above named be
released on bail, in the event of his arrest or surrender before the
court below within a period of four weeks from today, on
furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, Excise-1, Samastipur/concerned court below in
connection with Bibhutipur P.S. Case No. 40/2022, subject to
the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. The petitioner is directed to mark his attendance in
the Vidyapati Nagar Police Station on the 1st Sunday of each
month. Any default in marking attendance at the police station
will result in cancellation of bail bonds of the petitioner.
7. As the petitioner claims to have clean antecedent,
the court will verify the same before accepting the bail bonds of
the petitioner and his bail bonds shall be accepted only if he is
not found involved in any other case.
(Sandeep Kumar, J)
Vikas/-
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