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Patna High Court

Bhola KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted to the petitioner, subject to the conditions stipulated under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Bhola Kumar, sought anticipatory bail fearing arrest in a case (PS Rajouli Case No. 46 of 2026) involving alleged possession of 150 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution’s case relied on a statement by a local chaukidar linking the petitioner to the contraband. The petitioner contended he was falsely implicated and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the circumstances, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties, a deposit of Rs. 25,000 to the Ramakrishna Mission, monthly attendance at the police station, and verification of the petitioner’s antecedents, invoking Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the alleged illicit liquor case under the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 37860 of 2026
                       Arising Out of PS. Case No.-46 Year-2026 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Bhola Kumar son of Harishchandra Yadav Resident of Village- Bhaur, PS-
                 Rajouli, District- Nawada,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Man Mohan Kumar, Adv.
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. The petitioner apprehends arrest in connection

                   with Rajouli P.S. Case No. 46 of 2026 registered for offences

                   under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                   3. As per the prosecution case, there is total

                   recovery of 150 litres of illicit liquor. The name of the petitioner

                   has surfaced on the statement made by local chaukidar.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has been falsely implicated in this case and he is

                   not involved in any case of excise matter. He undertakes to

                   donate a sum of Rs. 25,000/- (Rupees Twenty-Five Thousand

                   Only) to a charitable organization, without prejudice to his

                   defence and without admitting guilt.
Patna High Court CR. MISC. No. 37860 of 2026(2) dt.16-06-2026
                                             2/3




                          5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                          6. Considering the facts and circumstances of the

          case, this application for anticipatory bail stands allowed.

                          7. Accordingly, let the petitioner, above-named, in

          the event of arrest or surrender within four weeks from today in

          the Court below, be released on anticipatory bail on furnishing

          bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with

          two sureties of the like amount each to the satisfaction of

          learned Court below where the case is pending/successor Court

          in connection with Rajouli P.S. Case No. 46 of 2026, subject to

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

          B.N.S.S., also with further conditions that:-

                                               (i) The petitioner shall deposit a
                                  sum of Rs. 25,000/- (Rupees Twenty-Five
                                  Thousand Only) with Ramakrishna Mission
                                  Ashrama,         Ramakrishna   Avenue,   Patna,
                                  Bihar 800004 and shall produce a valid
                                  receipt thereof before the court below. The
                                  bail bonds shall be accepted only after
                                  verification of the genuineness of the said
                                  receipt.
                                               (ii) The petitioner shall mark his

                                  attendance at Rajouli Police Station on

                                  every Sunday of each month. In the event of
            Patna High Court CR. MISC. No. 37860 of 2026(2) dt.16-06-2026
                                                        3/3




                                              default, the bail bonds shall be liable to be

                                              cancelled.

                                                             (iii) At the time of acceptance of
                                              bail bonds, the court below shall verify the
                                              antecedents of the petitioner. The bail bonds
                                              shall be accepted only upon confirmation
                                              that     the     petitioner   has   no   criminal
                                              antecedent. However, such verification shall
                                              not be used as a ground to unnecessarily
                                              delay acceptance of the bail bonds.
                                      8. It is made clear that any observation made herein

                      is prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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