Patna High Court
Raju Kumar @ Raju PalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to bond and surety conditions, and to verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Raju Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 320.4 litres of liquor from a sack on a cart. He argued that he was not in possession, was not the cart owner, and was implicated due to a personal dispute with the watchman who lodged the FIR. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedents. It directed that if more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner’s alleged lack of possession and ownership of the cart negates the basis for arrest
- Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- liquor seizure
- criminal antecedent
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26550 of 2026
Arising Out of PS. Case No.-582 Year-2025 Thana- SITAMARHI District- Sitamarhi
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Raju Kumar @ Raju Pal S/O Bhikhari Pal Resident of - Mushahari Tola, P.S-
Punaura, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 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, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 320.4 litres of liquor from a sack kept on a cart.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the cart and came to be
implicated at the 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
Patna High Court CR. MISC. No.26550 of 2026(2) dt.24-04-2026
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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.
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.5,000/- (Rupees
Five Thousand) 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 Sitamarhi P.S. Case
No. 582 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 more than one
case, it would be presumed that petitioner had concealed his
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
Patna High Court CR. MISC. No.26550 of 2026(2) dt.24-04-2026
3/3
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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