Patna High Court

SAURAV KUMARversusTHE STATE OF BIHAR

Decided: 24 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Saurav Kumar, sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise Act, 2016 for alleged possession of 438.75 litres of liquor recovered from a godown not owned by him. He claimed a clean antecedent and argued that the recovery was made from premises he had vacated before the incident, with the godown owner possibly implicating him to save himself. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2016.
Whether the petitioner’s alleged involvement in the liquor seizure warrants denial of bail.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32, 41, 56(b), 62
Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
clean antecedent
provisional bail
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26605 of 2026
                       Arising Out of PS. Case No.-2869 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Saurav Kumar S/O Pankaj Prasad Resident Of Kurmi Tola, Chaili Tar, Ward
                 No 58, Ps Alamganj, District Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shyam Kumar Chaudhary
                 For the Opposite Party/s :         Mr. Rabindra Kumar
                 ======================================================
                 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 Mr. Rabindra Kumar.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a), 32,

                   41, 56(b) and 62 of Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 438.75 litres of liquor from a godown. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and even

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

                   petitioner and he came to be implicated based on the statement

                   of the owner of the godown before the police. It is next

                   submitted that it appears that owner of the godown with a view
Patna High Court CR. MISC. No.26605 of 2026(2) dt.24-04-2026
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          to save himself falsely implicated the petitioner when petitioner

          admittedly had left the premises much before the occurrence

          took place.

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

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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 Excise P.S. Case No.2869/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean

          antecedent, in that event the provisional anticipatory bail order
             Patna High Court CR. MISC. No.26605 of 2026(2) dt.24-04-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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