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Patna High Court

Abhimanyu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
          Patna High Court CR. MISC. No.38604 of 2026(2) dt.17-06-2026
                                                      3/3




                    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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