Patna High Court

Ajit KumarversusThe State of Bihar

Decided: 7 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Ajit Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Amendment Act, 2022, alleging recovery of 106.75 litres of liquor from a sack at village Bhelwatar. He contended that he was not present at the scene, had no possession of the liquor, and was implicated only through a chowkidar’s testimony, raising doubts about the prosecution’s case. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the petitioner’s alleged involvement and lack of possession justify bail.
Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Amendment Act
liquor seizure
criminal antecedent
Section 482 CrPC
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30826 of 2026
                       Arising Out of PS. Case No.-63 Year-2026 Thana- SIRDALA District- Nawada
                 ======================================================
                 Ajit Kumar S/o Devendra Yadav @ Devendra Prasad Yadav R/o Village -
                 Kharaundh, P.S. - Sirdala, Dist. - Nawada.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Nidhi Anand
                 For the Opposite Party/s :       Mr. Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  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 30(a) and

                   41 of Bihar Prohibition and Excise Amendment Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 106.75 litres of liquor from a sack thrown by

                   accused persons at village Bhelwatar. 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

                   and is accessible to villagers at large and he came to be

                   implicated at the instance of chowkidar with whom he is on an
Patna High Court CR. MISC. No.30826 of 2026(2) dt.07-05-2026
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          inimical term. It is also submitted that if chowkidar was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR which casts an aspersion on the case of the prosecution.

                       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.5000/- (Rupees five thousand) 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 Sirdala P.S. Case No.63/2026, 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 more than

          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 has antecedent of one
             Patna High Court CR. MISC. No.30826 of 2026(2) dt.07-05-2026
                                                         3/3




                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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