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Patna High Court

Abhimanyu Kumar @ Munnu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Abhimanyu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 40.38 liters of liquor from a location adjacent to his property. He argued that the liquor was not in his possession and that the informant’s delay in reporting raised doubts about the prosecution’s case. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs. 5,000 with two sureties, subject to verification of the petitioner’s criminal antecedents within six weeks. If more than one prior case is found, the bail will be cancelled; if only one prior case, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner 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 possession of the liquor and the informant’s delay affect the merits of the bail application?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 482
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32878 of 2026
                 Arising Out of PS. Case No.-215 Year-2026 Thana- RAMKRISHNANAGAR District- Patna
                 ======================================================
                 Abhimanyu Kumar @ Munnu Kumar S/o Sri Arjun Yadav Resident of -
                 Mahda Shiv Nagar, Road No. 2, P.S. Ram Krishna Nagar, District - Patna,
                 Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Aishwarya Shankar
                 For the Opposite Party/s :     Mr. Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 40.380 liters of liquor from a place outside the

                   house of the petitioner.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended 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,
Patna High Court CR. MISC. No.32878 of 2026(2) dt.14-05-2026
                                            2/3




          but then is adjacent to his boundary and he came to be

          implicated at the instance of local person, but then it is

          submitted that if local person 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.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          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

          Ramkrishna Nagar P.S. Case No. 215 of 2026 subject to the

          conditions as laid down under Section 482 (2) of the BNSS.

                       7. 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 more than one

          case then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
            Patna High Court CR. MISC. No.32878 of 2026(2) dt.14-05-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner has

                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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