Patna High Court
Randhir Kumar @ MunnaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.