Patna High Court
Bhartendu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The Court granted anticipatory bail to the petitioners subject to strict conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Bhartendu Kumar and Vikash Kumar, sought anticipatory bail fearing arrest in a case alleging possession of 10.620 litres of foreign liquor recovered near petitioner No.1's house under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. They contended that the liquor was found in an open area, not in their possession, and that they were falsely implicated. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted anticipatory bail conditioned on a Rs.10,000 bond, two sureties, and compliance with several procedural and conduct requirements, invoking Section 482(2) of the B.N.S.S. The order also mandated regular appearances before the local S.H.O. and cooperation with the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged offence.
- Whether the petitioners pose a risk of absconding, tampering with evidence, or influencing witnesses.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S are appropriate for the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- foreign liquor
- Section 30(a)
- Section 482(2)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29162 of 2026
Arising Out of PS. Case No.-69 Year-2026 Thana- NAANPUR District- Sitamarhi
======================================================
1. Bhartendu Kumar, S/o-Sitasharan Ray, R/o Ward No. 07, Gaura, P.S Nanpur,
District - Sitamarhi.
2. Vikash Kumar, S/o-Sanjay Thakur, R/o- Ward No. 07, Gaura. P.S-Nanpur,
District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Danish Quamar, Advocate
Ms. Madiha Moneer, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Nanpur P.S. Case No. 69 of 2026 dated 03.03.2026, instituted
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. The allegation is of recovery of 10.620 litres
foreign liquor kept near the house of petitioner no. 1.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
this case. It is further submitted that petitioners have no concern
with the seized illicit liquor. It is next submitted that nothing has
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been recovered either from the conscious possession or from the
house of the petitioners. Learned counsel further submitted that
the alleged liquor was recovered from outside of the house of
petitioner no. 1, which is an open place and accessible to all.
Lastly, it has been submitted that petitioner no. 1 has four
criminal cases against him whereas, petitioner no. 2 has one
criminal case against him.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioners.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioners within a period
of six weeks from today, in connection with Nanpur P.S. Case
No. 69 of 2026, they shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No.-II, Sitamarhi, subject to
condition as laid down under Section 482(2) of the B.N.S.S as
also to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and on his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will
inform the court concerned if the petitioner is made accused in
any other case of similar nature after his release in the present
case and thereafter the court below will be at liberty to initiate
the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
5. The petitioner within two weeks of his release from
custody shall appear before the S.H.O. of his local area
alongwith a copy of this order and shall appear every fortnightly
to mark his attendance till the framing of charge in this case.
(Khatim Reza, J)
Sankalp/-
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