Patna High Court
Abhimanyu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Abhimanyu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 80 litres of illicit liquor from a motorcycle he owned. The prosecution alleged the motorcycle was used by the petitioner's nephew, implicating the petitioner as the owner. The petitioner’s counsel argued his innocence, clean antecedent, and offered to donate Rs.25,000 to charity without admitting guilt. The High Court allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with the Ramakrishna Mission, and attend the police station regularly, subject to verification of his antecedent. The order was made under Section 438(2) of the CrPC and Section 482 of the Bihar Narcotic and Substance (BNSS) Act.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether imposing conditions such as charitable donation and periodic police attendance is permissible under Section 438(2) CrPC.
- Whether the petitioner’s clean criminal antecedent influences the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
- charitable donation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38604 of 2026
Arising Out of PS. Case No.-161 Year-2026 Thana- GOPALPUR District- Patna
======================================================
Abhimanyu Kumar S/o Hari Prasad @ Hari Raut R/o Village- East Ram
Krishna Nagar, P.S- Gopalpur, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Jiban Pd Singh
For the Opposite Party/s : Mr.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Gopalpur P.S. Case No. 161 of 2026 registered
for the offence under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, the recovery is of
80 liters of illicit liquor from a motorcycle which was driven by
the nephew of the petitioner. The petitioner is the owner of the
motorcycle.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.38604 of 2026(2) dt.17-06-2026
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the petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt. He further submits that
the petitioner has no criminal antecedent.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the concerned Court
below in connection with Gopalpur P.S. Case No. 161 of 2026,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Nala Road, Patna and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Ram Krishna Nagar Police Station on first and
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third Sunday of each month. Any default in appearance at the
police station will result in cancellation of bail bonds of the
petitioner.
10. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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