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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioners, subject to conditions and verification of their criminal antecedents.

Summary

The petitioners, Abhishek Kumar and Subash Kumar, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 15 litres of liquor from a bush. They argued that no liquor was found in their possession, the alleged recovery site did not belong to them, and the complaint was filed by a watchman (chowkidar) with whom they have a hostile relationship. The State opposed the bail. The High Court, considering the petitioners’ clean or minimal antecedent and the circumstances, granted provisional anticipatory bail subject to a bail bond of Rs 5,000 each, two sureties, verification of criminal antecedents, and a deposit of Rs 2,500 each with the Lawyers’ Association. The order stipulated that if verification revealed undisclosed antecedents, the bail would not be confirmed. The court directed the petitioners to comply with these conditions and allowed the application.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the circumstances of alleged recovery and the role of the complainant justify denial of bail.
  • Whether the petitioners’ criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • provisional bail
  • liquor recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3567 of 2026
                   Arising Out of PS. Case No.-2 Year-2026 Thana- SRINAGAR District- West Champaran
                 ======================================================
           1.     Abhishek Kumar S/O Vinod Sah @ Vinod Prasad R/O Village- Jogiraha
                  Pakhanaha, P.s.- Bairiya, District- West Champaran
           2.    Subash Kumar @ Subhash Kumar S/O Ramdhani Prasad @ Rameshwar
                 Prasad @ Rameshawar Prasad R/O Village- Jogiraha Pakhanaha, P.s.-
                 Bairiya, District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raki Alam, Advocate
                 For the Opposite Party/s :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Petitioners apprehend their arrest in a case

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

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 is a person with clean antecedent and petitioner

                   no.2 has antecedent of one case and allegation is of recovery of

                   15 litres of liquor from a bush. It is next submitted that

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

                   recovered from their conscious possession and even alleged

                   recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.3567 of 2026(2) dt.29-01-2026
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          petitioners but then is accessible to villagers at large and they

          came to be implicated at the instance of Chowkidar with whom

          they are on an inimical term. It is also submitted that if

          Chowkidar was aware of the involvement of the petitioners 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.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

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

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, are directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.5,000/- (Rupees Five Thousand) each with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Judge, Excise Court No.-II, Bettiah, West

          Champaran in connection with Srinagar P.S. Case No.2 of 2026,

          subject to the conditions laid down under Section 482(2) of the

          B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.3567 of 2026(2) dt.29-01-2026
                                                           3/3




                         accepting the provisional bail bond of the petitioners shall verify

                         the criminal antecedent of the petitioners and in the event, if it is

                         found that petitioner no.1 has antecedent of even one case and

                         petitioner no.2 has antecedent of more than one case, then it

                         would be presumed that petitioners for the purposes of obtaining

                         anticipatory bail had concealed their antecedent before this

                         Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner no.1 is a person with clean antecedent and

                         petitioner no.2 has antecedent of only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioners,

                         based on instruction, submits that petitioners undertakes to

                         deposit an amount of Rs.2500/- each with Lawyers’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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