Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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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