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Patna High Court

Sudhir KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail to the petitioner, subject to specified conditions, and directed verification of his antecedent before confirming the bail.

Summary

Sudhir Kumar applied for anticipatory bail after learning that he may be arrested in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for allegedly recovering 102.6 litres of liquor from an e‑rickshaw. He asserted that he has a clean antecedent, was not the owner of the vehicle, and that the FIR does not disclose the informant. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, verification of the petitioner’s antecedent, and a deposit of Rs.1,500 with the Patna High Court Lawyers’ Association, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order further provides that if any criminal antecedent is discovered, the bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged offences under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s claim of clean antecedent and lack of ownership of the seized vehicle justify the grant of anticipatory bail.
  • Whether the conditions imposed by the Court are appropriate under the statutory provisions.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • seizure of liquor
  • e‑rickshaw
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2734 of 2026
                      Arising Out of PS. Case No.-1238 Year-2025 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Sudhir Kumar S/o Late Thakur Prasad R/o Sangat Ki Gali, Chailital, P.S.-
                 Alamganj, Distt.- Patna
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nityanand Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  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 Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 102.6 litres of liquor from an E-rickshaw.

                                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 seized vehicle and came to

                   be implicated at the instance of the local person 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
Patna High Court CR. MISC. No.2734 of 2026(2) dt.28-01-2026
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          the prosecution, when petitioner admittedly is a person with

          clean antecedent.

                       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, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          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 Alamganj

          P.S. Case No. 1238 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of even 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 petitioner is a

          person with clean antecedent in that event the provisional
           Patna High Court CR. MISC. No.2734 of 2026(2) dt.28-01-2026
                                                       3/3




                     anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.1,500/- with the Lawyers’ Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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