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Patna High Court

Randhir Kumar @ MunnaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioners, subject to bond, sureties, and verification of criminal antecedent.

Summary

The petitioners, Randhir Kumar and Rudhir Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 540 ml of liquor from a house not owned by them. They argued they have no prior criminal record, were not caught in possession, and were implicated due to an inimical relationship with the complainant's watchman. The State opposed the bail. The Court, considering the clean antecedent claim and lack of direct possession, granted provisional anticipatory bail subject to a Rs.500 bond per petitioner, two sureties, and verification of their criminal antecedent by the trial court. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 of the Cr.P.C. to the petitioners accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the absence of direct possession and clean antecedent justify provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • prohibition law
  • liquor offence
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32095 of 2026
                      Arising Out of PS. Case No.-145 Year-2026 Thana- VAISHALI District- Vaishali
                 ======================================================
           1.     Randhir Kumar @ Munna S/O Bankar Singh @ Ram Kishore Singh @
                  Rajkishor Singh Resident of Village - Bhagwanpur Ratti Ward No 5 /
                  Bhagwanpur Balukram P.S. and Dist.- Vaishali
           2.     Rudhir Kumar S/O Bankar Singh @ Ram Kishore Singh @ Rajkishor Singh
                  Resident Of Village - Bhagwanpur Ratti Ward No 5 / Bhagwanpur Balukram
                  P.s. and Dist.- Vaishali
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 540 ml. of liquor from ruined house of Sita Ram

                   Singh.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.32095 of 2026(2) dt.13-05-2026
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          recovery is from a house which does not belong to the

          petitioners and petitioners have no concern or relation with Sita

          Ram Singh. It is further submitted that petitioners came to be

          implicated at the instance of the Chawkidar with whom they are

          on an inimical term. It is next submitted that if the Chawkidar

          was aware of the involvement of the petitioners in the

          occurrence then why he did not inform the police prior to the

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners, let the

          petitioners, above-named, in the event of their 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) each 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

          Vaishali P.S. Case No. 145 of 2026, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./482(2) of the

          B.N.S.S.
           Patna High Court CR. MISC. No.32095 of 2026(2) dt.13-05-2026
                                                       3/3




                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioners

                     and if it is found that petitioners have antecedent of even one

                     case, it would be presumed that petitioners had concealed their

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioners are persons with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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