Patna High Court

Ratan KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The court granted anticipatory bail to the petitioner subject to a Rs.30,000 bail bond and verification of his criminal antecedent.

Summary

The petitioner, Ratan Kumar, was apprehended for alleged possession of 10 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution claimed recovery of the liquor and cash, while the petitioner asserted innocence, no possession, and a clean criminal record. The State opposed bail, but the court considered the petition for anticipatory bail under Section 2(1)(d) of the Bihar Non‑Syndicated Substances Act, 2023 and the inherent powers of the court under Section 482(2) of the CrPC. The court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.30,000 and imposing verification of his criminal antecedent by the trial court. The order also provided for cancellation of bail if the petitioner concealed any prior convictions.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the Bihar Non‑Syndicated Substances Act, 2023.
Whether the conditions imposed under Section 2(1)(d) of BNSS, 2023 and Section 482(2) CrPC are sufficient to grant anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
illicit liquor
prohibition and excise
criminal antecedent
bail bond
Section 30(a)
Section 2(1)(d)
Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26861 of 2026
                     Arising Out of PS. Case No.-23 Year-2026 Thana- SAHJAHANPUR District- Patna
                 ======================================================
                 Ratan Kumar S/o Late Dularchan Gope @ Dular Yadav Resident of Village
                 and P.S.- Shahjahanpur, District- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Surendra Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Shahjahanpur P.S. Case No. 23 of 2026, dated 09.03.2026,

                   lodged under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of 10 litres of

                   illicit liquor and some cash have been made, which is the

                   subject matter of the present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. He further

                   submits that nothing has been recovered from the possession of

                   the petitioner. Furthermore, he submits that the petitioner has a

                   clean criminal antecedent.
          Patna High Court CR. MISC. No.26861 of 2026(2) dt.22-04-2026
                                                      2/2




                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner.

                                 6. As such, in the present facts and circumstances of

                    this case, let the above named petitioner be released on

                    anticipatory bail, in the event of arrest or surrender before the

                    Trial Court within a period of 4 weeks from today, on furnishing

                    bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

                    mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                    satisfaction of Special Judge Excise, Patna, in connection with

                    Shahjahanpur P.S. Case No. 23 of 2026, subject to the

                    conditions as laid down U/s 482(2) of the BNSS, 2023.

                                 7. It is further directed that the Trial Court shall verify

                    the criminal antecedent of the petitioner, and in case it is found

                    at any stage that the petitioner has concealed his criminal

                    antecedent, the Trial Court shall take steps for cancellation of

                    the petitioner’s bail bond. However, the acceptance of the bail

                    bond in terms of the above-mentioned order shall not be delayed

                    for the purpose of or in the name of verification.



                                                                    (Dr. Anshuman, J.)
Aman Kumar/-

U     T

Continue reading with your account

Checking your session…