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Patna High Court

Mohan Kumar @ Mohan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

Mohan Kumar, a resident of Jalalpur, Patna, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly recovering liquor from a riverbank and a cattle shed. He contended that he has a clean criminal record, was not in possession of the liquor at the time of arrest, and had no connection to the alleged location or the owner of the shed. The petitioner argued that the informant, a watchman with whom he has a hostile relationship, should have informed the police earlier if he knew of any involvement. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, with verification of the petitioner’s antecedent by the trial court; confirmation of bail depends on the outcome of that verification.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail bond
  • surety
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25376 of 2026
                      Arising Out of PS. Case No.-98 Year-2025 Thana- PACHMAHLA District- Patna
                 ======================================================
                 Mohan Kumar @ Mohan Singh Son of Upendra Singh Resident of village -
                 Jalalpur, P.S.- Panchmahalla, District - Patna.
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar Pandey, Advocate
                 For the Opposite Party/s :      Ms. Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 5 litres of liquor from a bush on the bank of Ganga

                   River and 15 litres of liquor from the cattle shed of Amit Kumar.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and petitioner has no concern or relation with Amit Kumar. It is

                   further submitted that petitioner came to be implicated at the
Patna High Court CR. MISC. No.25376 of 2026(2) dt.18-04-2026
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          instance of the Chawkidar with whom he is on an inimical term.

          It is next submitted that if the Chawkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to the institution of the instant FIR

          which casts an aspersion on the case of the prosecution, when

          petitioner admittedly is a person with clean antecedent.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees

          Five Hundred) 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 Panchmahla P.S.

          Case No. 98 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.25376 of 2026(2) dt.18-04-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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