Patna High Court
Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted subject to a bail bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Arjun Kumar, sought anticipatory bail in connection with an excise case alleging possession of 162 litres of illicit liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution claimed the liquor was recovered from a motorcycle that the petitioner had allegedly sold prior to the seizure. The petitioner argued that nothing was recovered from his possession and that he was innocent, while also noting a pending criminal case in which he had been acquitted. The State opposed bail, highlighting the petitioner’s unclean criminal antecedent. The Court, after considering the facts, granted anticipatory bail on the condition of a Rs.30,000 bond and compliance with Section 2(1)(d) of the BNSS, 2023, subject to verification of the petitioner’s antecedent and possible cancellation if concealment is found.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite an alleged unclean criminal antecedent
- Whether the recovery of illicit liquor from a vehicle sold by the petitioner justifies denial of bail
Subjects
- anticipatory bail
- excise law
- illicit liquor
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26891 of 2026
Arising Out of PS. Case No.-107 Year-2026 Thana- Excise P.S. District- Sitamarhi
======================================================
Arjun Kumar Son of Devendra Sahni Resident of Village- Pitaunjhia
Jagarnath, P.S.- Aurai, (now- Hathauri), District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, 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 Sitamarhi Excise P.S. Case No. 107 of 2026, dated
12.01.2026, lodged under Sections 30(a) & 32(3) of the Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution, total recovery of 162 litres
of illicit liquor has 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. Counsel further submits that recovery has been
made from the motorcycle, however, the petitioner has already
Patna High Court CR. MISC. No.26891 of 2026(2) dt.22-04-2026
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sold the alleged motorcycle in an exchange offer, the same has
specifically been mentioned in paragraph Nos. 13 and 14.
Furthermore, he submits that the criminal antecedent of the
petitioner is not clean, as there is one criminal case pending
against him, but in that case he has been acquitted.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean.
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 Exclusive Special, Excise Court-II, Sitamarhi, in
connection with Sitamarhi Excise P.S. Case No. 107 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
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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
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