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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Suraj Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that the alleged recovery of 42 litres of liquor was from a field belonging to another person and that he had no involvement. He argued that he has a clean antecedent and that the FIR was filed based on the testimony of a hostile chowkidar, raising doubts about the prosecution's case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and two sureties, and that the trial court verify his antecedents. It further directed that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S., subject to the trial court's verification.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the petitioner’s clean antecedent and the circumstances of the FIR justify anticipatory bail.
  • Whether the trial court should verify the petitioner’s antecedents before confirming bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • FIR validity
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39503 of 2026
                     Arising Out of PS. Case No.-92 Year-2026 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Suraj Kumar S/o Dinesh Ram @ Dinesh Sahni R/o Village -Mahadeiya ,P.S
                 -Minapur ,Dist -Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar
                 For the Opposite Party/s :       Mr. Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-06-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 42 litres of liquor from field of Sunil Bhagat. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   even alleged recovery is from a place which does not belong to

                   the petitioner and he has no concern or relation with Sunil and

                   he came to be implicated at the instance of chowkidar with

                   whom he is on an inimical term. It is also submitted that if
Patna High Court CR. MISC. No.39503 of 2026(2) dt.22-06-2026
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          chowkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.500/- (Rupees five hundred) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Minapur P.S. Case No.92/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.39503 of 2026(2) dt.22-06-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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