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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners subject to conditions and verification of their antecedents.

Summary

The petitioners, three villagers from Andhra in Madhubani district, sought anticipatory bail fearing arrest in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 30(a), 30(c) and 41 of the Bihar Excise Act for alleged possession of 21 litres of liquor recovered from a hut in an agricultural field. They argued they have clean antecedents, that the liquor was not found in their conscious possession, and that the field is a public area, making the allegation implausible. The prosecution, represented by the State, opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 each, two sureties, and a six‑week period for the trial court to verify the petitioners’ criminal antecedents. The order also stipulated that if any antecedent is discovered, the bail would not be confirmed for that petitioner, but if they are found clean, the bail would be confirmed forthwith.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners under Section 482(2) of the Bihar Narcotic Substances Act, 2023 in view of the alleged offences under the Act and the Bihar Excise Act?

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bihar Narcotic Substances Act
  • Bihar Excise Act
  • liquor seizure
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24468 of 2026
                  Arising Out of PS. Case No.-15 Year-2026 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
           1.     Raushan Kumar S/o Tej Narayan Kamat Resident of Village- Andhra, PS-
                  Andhratharhi, Dist.- Madhubani
           2.    Rohan Kumar S/o Dev Shankar Kamat @ Dev Shankar Resident of Village-
                 Andhra, PS- Andhratharhi, Dist.- Madhubani
           3.    Abhishek Kumar @ Abhishek Kumar Kamat @ Abhishekh Kumar S/o Amir
                 Lal Kamat Resident of Village- Andhra, PS- Andhratharhi, Dist.- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ramchandra Jha Raman
                 For the Opposite Party/s :      Md. Fahimuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 274, 275

                   and 3(5) of the BNS, 2023 read with Sections 30(a), 30(c) and

                   41 of the Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 21 liters of liquor from a hut constructed in the

                   agricultural field of Raushan i.e. petitioner no. 1.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.24468 of 2026(2) dt.20-04-2026
                                            2/3




          petitioners were not apprehended from the spot as such nothing

          was recovered from their conscious possession and petitioner

          nos. 2 and 3 are not related with Raushan, but then are

          acquaintance being villagers. It is also submitted that

          agricultural field is a place outside the house and thus is

          accessible to public at large and no prudent person would use

          his own premises for committing an occurrence and thus would

          create evidence against himself and hence would get implicated.

          It is also submitted that Raushan is on an inimical term with the

          Chowkidar and thus he came to be implicated at his instance.

          And he came to be implicated at the instance of Chowkidar. It is

          also submitted that if Chowkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution, when petitioners are

          admittedly is a person with clean antecedent.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on
            Patna High Court CR. MISC. No.24468 of 2026(2) dt.20-04-2026
                                                        3/3




                      Provisional anticipatory bail on furnishing bail bonds of Rs.

                      500/- (Rupees Five Hundred) each with two sureties of the like

                      amount each to the satisfaction of the learned Trial Court where

                      the case is pending/successor court in connection with

                      Andhradharhi P.S. Case No. 15 of 2026 subject to the conditions

                      as laid down under Section 482 (2) of the BNSS.

                                   7. It is made clear that thereafter the learned Trial Court

                      shall verify the criminal antecedent of the petitioners and in the

                      event if it is found that any of the petitioners have antecedent of

                      even one case then it would be presumed that petitioners, for the

                      purposes of seeking anticipatory bail, had concealed their

                      antecedent before this Court, as such, the provisional anticipatory

                      bail order shall not be confirmed with respect to that petitioner

                      who had concealed his antecedent, but after verification if it is

                      found that petitioners are persons with clean antecedent in that

                      event the provisional anticipatory bail order shall be confirmed

                      forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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