Created by Fuzzy Cloud

Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail subject to conditions, pending verification of the petitioner’s antecedents.

Summary

The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 237.165 litres of liquor were recovered from a banana orchard adjacent to his house and that no liquor was found in his possession. He asserted a clean criminal record and argued that the investigation was inadequate and based on secret information. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately. The decision was made under Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances alleged.
  • Whether the allegations under Sections 274, 275 B.N.S. and Section 30(a) Bihar Prohibition and Excise Act justify denial of anticipatory bail.
  • Whether Section 482(2) of the Bihar Narcotic Substances Act is applicable for granting provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • clean antecedent
  • Section 274 B.N.S.
  • Section 275 B.N.S.
  • Section 30(a) Bihar Prohibition and Excise Act
  • Section 482(2) B.N.S.
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30718 of 2026
                       Arising Out of PS. Case No.-149 Year-2026 Thana- MAHUA District- Vaishali
                 ======================================================
                 Rahul Kumar S/o Kishori Ray R/o Vill. - Mahua Singh Rae, PS - Mahua,
                 Distt. - Vaishali.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar
                 For the Opposite Party/s :       Mr. Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026                  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 offence punishable under Sections 274, 275 of

                   BNS and Section 30(a) of 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 237.165 litres of liquor from a Banana orchard

                   behind the house of the petitioner. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even 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

                   based on secret information which is the easiest way to

                   implicate someone, without holding a proper investigation,

                   when petitioner admittedly is a person with clean antecedent.
           Patna High Court CR. MISC. No.30718 of 2026(2) dt.06-05-2026
                                                       2/2




                                  4. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  5. 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 Mahua P.S. Case No.149/2026, subject to the

                     conditions as laid down under Section 482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

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

                     case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the

                     provisional anticipatory bail order shall not be confirmed but if

                     on verification it is found that petitioner is a person with clean

                     antecedent, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.

                                                                 (Satyavrat Verma, J)
amit/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.