Patna High Court
Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail may be granted notwithstanding the alleged suppression of criminal antecedents, subject to a bail bond and the conditions of the earlier bail order, except for the antecedent verification condition.
Summary
The petitioner, Upendra Kumar, was arrested in connection with the recovery of 205.945 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He had previously been granted regular bail in Cr. Misc. No. 21581 of 2026, but the bail bonds were rejected by the lower court due to alleged suppression of his criminal antecedents. The petitioner had been in judicial custody since 12 February 2026 and possessed three prior criminal antecedents. The petitioner applied for a second regular bail, arguing that the earlier order should stand except for the condition relating to verification of antecedents. The High Court considered the facts, the nature of the offence, and the petitioner’s custody status, and concluded that bail could be granted subject to a bail bond of Rs. 10,000 with two sureties and the conditions of the earlier order, excluding the antecedent verification condition. Consequently, the court ordered the petitioner’s release on bail.
Issues considered
- Whether regular bail can be granted to a petitioner charged under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged suppression of criminal antecedents.
- Whether the conditions of a prior bail order can be modified to exclude verification of antecedents.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- criminal antecedents
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail bond
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39731 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Upendra Kumar Son of Murali Chaudhary @ Murli Chaudhary Resident of
Kesho Bhuiyan Tola Kochadh, Ward No. 14, P.S.- Barun, District-
Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Singh
For the Opposite Party/s : Mr. Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Sasaram Excise P.S. Case No. 81 of
2026 registered for the offence under Section(s) 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
205.945 litres of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner had earlier been granted regular bail by this Court in
Cr. Misc. No. 21581 of 2026 vide order dated 06.04.2026.
However, the bail bonds could not be accepted by the learned
Court below on account of suppression of the petitioner's
Patna High Court CR. MISC. No.39731 of 2026(2) dt.07-07-2026
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criminal antecedents. It is further submitted that the petitioner
has remained in judicial custody since 12.02.2026 and has three
criminal antecedents.
5. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
6. Accordingly, let the petitioner, above named, 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 learned Court below where the case is
pending/successor Court in connection with Sasaram Excise P.S.
Case No. 81 of 2026 subject to conditions contained in the order
dated 06.04.2026 passed in Cr. Misc. No. 21581 of 2026,
excluding the condition relating to verification of the criminal
antecedents.
7. 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)
Shishir/-
U T
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