Patna High Court
Veerchandra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated bond and conditions.
Summary
The petitioner, Veerchandra Kumar, applied for anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act for possession of 25 litres of country-made liquor and 800 litres of raw jawa allegedly recovered from a hut. He contended that the hut belonged to another person, Pravind Paswan, and that the search and seizure violated Section 103 of the Bhartiya Nagrik Suraksha Sanhita, also asserting he has no prior criminal record. The State opposed the bail. After hearing both sides, the court considered the factual matrix and the petitioner’s affidavit, and ordered that he be released on anticipatory bail if arrested within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order was pronounced by Justice Praveen Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the search and seizure conducted violated Section 103 of the Bhartiya Nagrik Suraksha Sanhita.
- Whether the petitioner is liable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 103, 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- Bhartiya Nagrik Suraksha Sanhita
- search and seizure
- Section 30(a)
- Section 103
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27760 of 2026
Arising Out of PS. Case No.-524 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Veerchandra Kumar S/o Shivchandra Paswan R/o Village - Panchdamiya, P.S
- Lalganj, Dist . - Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Niranjan Parihar, Advocate
For the Opposite Party : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Lalganj P.S. Case No. 524 of 2025 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Amendment Act.
3. As per allegation, 25 liters of country made
liquor and 800 liters of raw jawa was recovered from the hut of
this petitioner.
4. It has been submitted by learned counsel for the
petitioner, by making specific averment in the supplementary
affidavit, that the hut does not belong to the petitioner and the
owner of the hut is one Pravind Paswan with whom the
petitioner has got no concern. It has further been submitted that
the search and seizure is in violation of Section 103 BNSS and
Patna High Court CR. MISC. No.27760 of 2026(3) dt.13-05-2026
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the petitioner has got no criminal antecedents.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances and the
statements made in paragraph 2 of the supplementary affidavit,
let the petitioner above named, in the event of his
arrest/surrender within six weeks from today in the Court below,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court-1st
-cum-District & Additional Sessions Judge, Vaishali at Hajipur,
in connection with Lalganj P.S. Case No. 524 of 2025, subject to
the conditions as laid down under Section 482(2) of the Bhartiya
Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
U T
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