Patna High Court
Prem KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedents.
Summary
The petitioner, Prem Kumar, sought anticipatory bail after a FIR was lodged alleging that 120 litres of liquor were recovered from a motorcycle and that he was involved in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Section 317(5) of the Bihar Narcotic Substances Act, 2023. He argued that he was not arrested at the spot, the seized vehicle was not his, and the informant who implicated him was not named in the FIR, casting doubt on the prosecution’s case. The State opposed the bail, contending the seriousness of the alleged offence and the petitioner’s prior two excise cases. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. The order further stipulated that if more than two prior cases are found, the bail would be revoked, whereas confirmation would follow if only two prior cases are verified.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR and alleged offences
- Whether the petitioner’s prior criminal antecedents affect the grant of bail
Legislation cited
- Bihar Narcotic Substances (BNS) Act, 2023 — s. 317(5)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- prior convictions
- Section 30
- Section 317
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33594 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- RISIYAP District- Aurangabad
======================================================
Prem Kumar S/o Lalan Paswan @ Vinod Paswan R/o Village- Sonvarsa
Bigha Par, P.S.- Kutumba, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh
For the Opposite Party/s : Mr. Sanjay Kumar 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018 and
Section 317(5) of BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 120 litres of liquor from a
motorcycle. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and is not the owner of the seized vehicle and he
came to be implicated at the instance of local person but then
the name of the person who disclosed the name of the petitioner
Patna High Court CR. MISC. No.33594 of 2026(2) dt.14-05-2026
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is not disclosed in the FIR which casts an aspersion on the case
of the prosecution. It is also 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 further 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.10,000/- (Rupees ten 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 Risiup P.S. Case No.92/2026, 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
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.33594 of 2026(2) dt.14-05-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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