Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court provisionally granted anticipatory bail subject to bond, sureties and verification of antecedent.
Summary
The petitioner, Sudhir Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 40 litres of liquor on a cycle. He claimed a clean antecedent, that the liquor was not in his conscious possession, and that he was implicated by a hostile watchman. The State opposed the bail. The court granted provisional anticipatory bail conditioned on a Rs. 500 bond with two sureties and directed verification of the petitioner’s criminal antecedent, with confirmation of bail if no prior cases are found. If any antecedent is discovered, the bail would be presumed concealed and the order would not be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
- Whether the petitioner’s alleged lack of conscious possession and clean antecedent justify granting anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- seizure
- cycle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30887 of 2026
Arising Out of PS. Case No.-1048 Year-2019 Thana- PHULWARISHARIF District- Patna
======================================================
Sudhir Kumar Son of Rajdeo Ravidas R/o Village - Karipar, P.S. - Janipur,
Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sadanand Goswami
For the Opposite Party/s : Ms.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 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 offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 40 litres of liquor from a cycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of the
seized cycle and he came to be implicated at the instance of
Chowkidar with whom he is on an inimical term.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.30887 of 2026(3) dt.25-06-2026
2/2
6. 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 Phulwari
(Janipur) P.S. Case No. 1048 of 2019 subject to the conditions as
laid down under Section 482(2) of the BNSS.
It is made clear that thereafter the learned Trial Court shall
verify the criminal antecedent of the petitioner and in the event if it is
found that petitioner has antecedent of even one case then it would be
presumed that petitioner, for the purposes of seeking anticipatory
bail, had concealed his antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but after
verification if 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)
Sumit/-
U T
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