Patna High Court
Bihari KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and conditions, as no prima facie case was established against them.
Summary
The petitioners, Bihari Kumar and Prem Chaudhary, applied for anticipatory bail fearing arrest in a case (Thali P.S. Case No. 83 of 2026) involving alleged possession of 63 litres of illicit liquor. The police had apprehended co‑accused Nitish Kumar, who was found with the liquor, and the co‑accused’s confessional statements implicated the petitioners. The petitioners contended they were not owners of the vehicle, were absent at the time, and that the only material against them was the co‑accused’s confession, which they argued lacks evidentiary value. The State opposed the bail, citing the petitioners’ prior criminal antecedents. The High Court, after considering the lack of prima facie evidence and the petitioners’ claims of innocence, granted anticipatory bail subject to a Rs.10,000 bond per petitioner, two sureties, and conditions under Section 482(2) of the B.N.S.S., 2023, including cancellation of bail if undisclosed antecedents are discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under Sections 111(4) and 317(4) of the B.N.S. and Sections 30(a)/41(1) of the Bihar Prohibition and Excise Act, 2018.
- Whether the confessional statements of co‑accused constitute sufficient material to deny bail.
- Impact of the petitioners' prior criminal antecedents on the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Substances (B.N.S.) — s. 111(4), 317(4), 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 41(1)
Subjects
- anticipatory bail
- illicit liquor
- prohibition law
- criminal antecedents
- confessional statement
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39238 of 2026
Arising Out of PS. Case No.-83 Year-2026 Thana- THALI District- Nawada
======================================================
1. Bihari Kumar S/o Suresh Ram, R/o Village - Patandei, P.S. - Govindpur,
Dist. - Nawada.
2. Prem Chaudhary S/o Late Bhola Chaudhary, R/o Village - Patandei, P.S. -
Govindpur, Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sarita Kumari, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 17-06-2026 Heard Ld. counsel for the petitioners and Ld. APP for
the State.
2. The petitioners seek anticipatory bail, apprehending
their arrest, in connection with Thali P.S. Case No. 83 of 2026
dated 01.05.2026, registered for the offences punishable under
Sections 111(4) and 317(4) of BNS and Section 30(a)/41(1) of
Bihar Prohibition and Excise Act, 2018.
3. As per the allegation, co-accused/Nitish Kumar,
who is not petitioner herein, along with co-accused/Bihari
Kumar, who is petitioner herein, were carrying 63 litre illicit
liquor keeping in bag on the motorcycle in the middle of the
driver and the pillion rider. When police chased them, pillion
rider was successful to flee away. However, Nitish Kumar, who
was driving the motorcycle, was apprehended on the spot with
recovery of the illicit liquor and as per the confessional
Patna High Court CR. MISC. No.39238 of 2026(2) dt.17-06-2026
2/3
statement of Nitish Kumar, petitioner/Prem Chaudhary and
other co-accused/Pappu Chaudhary had provided motorcycle to
him to carry the illicit liquor.
4. Learned counsel for the Petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that petitioners have nothing to do with
the alleged offence and they are not the owner of the vehicle,
nor were they present at the time of the occurrence. The only
material against the petitioners is so-called confessional
statement of the co-accused before the police which has no
evidentiary value and except such material, there is nothing
against them. Hence, no prima facie case is made out against the
petitioners.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated paragraph no.3 of the bail
petition that the petitioner No.1 has one criminal antecedent and
petitioner No.2 has two criminal antecedents.
7. However, Ld. APP for the State vehemently
opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances,
Patna High Court CR. MISC. No.39238 of 2026(2) dt.17-06-2026
3/3
this petition is allowed, directing the petitioners, above-named,
to be enlarged on bail, in the event of their arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on their
furnishing bail bonds in the sum of Rs.10,000/-(Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned concerned Court Below, in connection with Thali P.S.
Case No. 83 of 2026, subject to the conditions as laid down
under Section 482 (2) of the B.N.S.S., 2023 and on the
following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents other
than the disclosed one, learned court below shall cancel the bail
bonds of the petitioners after hearing them and getting satisfied
that the petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J.)
ravishankar/-
U T
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