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Patna High Court

Veerchandra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                      2/2




                    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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