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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail should be granted, subject to verification of the petitioner’s antecedent, as the allegations did not demonstrate a clear case for arrest.

Summary

The petitioner, Sunil Kumar, sought anticipatory bail after fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging recovery of liquor from premises adjacent to his house and a temple. He argued he had a clean antecedent and that the alleged liquor was not found in his possession, nor was the informant named in the FIR, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the alleged offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties, subject to verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed, but if the petitioner is found to have a clean record, the provisional bail would be confirmed.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act?
  • Whether the absence of the alleged liquor in the petitioner’s possession and the lack of an informant’s name in the FIR justify anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Excise Act
  • Section 482(2) BNSS
  • clean antecedent
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27233 of 2026
                   Arising Out of PS. Case No.-647 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Sunil Kumar S/o Janak Sah R/o Village - Sugauli Gawn Mahavir Asthan,
                 Thana Sugauli, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Ranjan
                 For the Opposite Party/s :       Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 18.6 litres of liquor from a place behind the house

                   of the petitioner and 10 litres of liquor from Mahavir Mandir.

                             4.    Learned counsel for the petitioner submits that the

                   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

                   but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.27233 of 2026(2) dt.23-04-2026
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          the instance of local people, but then the name of the person,

          who disclosed the name of the petitioner, is not disclosed in the

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

          when petitioner has not been implicated based on secret

          information.

                   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 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 Sugauli P.S. Case No. 647 of 2025, subject to

          the conditions as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

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

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.27233 of 2026(2) dt.23-04-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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