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Patna High Court

Rudal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of antecedents.

Summary

The petitioner, Rudal Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly recovering 10,800 litres of liquor from a garbage heap behind his house. He contended that he had no prior criminal record, that the liquor was not in his conscious possession, and that the location did not belong to him, further noting that the informant’s name was omitted from the FIR. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties of the same amount, subject to verification of the petitioner’s antecedents by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the absence of possession, ownership of the premises, and omission of the informant’s name justify anticipatory bail.
  • Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • liquor seizure
  • clean antecedent
  • bail conditions
  • Cr.P.C. 438
  • B.N.S.S. 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37434 of 2026
                 Arising Out of PS. Case No.-28 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur
                 ======================================================
                 Rudal Kumar Son of Harendra Kumhar @ Harendra Pandit Resident of
                 Village- Dulhin Ganj, Ward No.-04, Thana- Jagdishpur, District- Bhojpur.
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepak Sinha, Advocate
                 For the Opposite Party/s :      Mr. Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026                  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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10.800 litres of liquor from heap of garbage situated

                   behind the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is adjacent to his house and he came to be implicated at

                   the instance of the local person but then the name of the person
Patna High Court CR. MISC. No.37434 of 2026(2) dt.16-06-2026
                                            2/3




          who disclosed the name of the petitioner is not disclosed in the

          FIR which casts an aspersion on the case of the prosecution,

          when petitioner has not been implicated based on the secret

          information.

                       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 appearing on behalf of the petitioner, let 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.500/- (Rupees

          Five Hundred) 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 Jagdishpur P.S.

          Case No. 28 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.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.37434 of 2026(2) dt.16-06-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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