Patna High Court
Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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/-
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