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Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioners are entitled to provisional anticipatory bail subject to verification of antecedents and compliance with the stipulated conditions.

Summary

Petitioners Prince Kumar and Golu Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 100 litres of liquor from an auto. They argued they have clean antecedents, were not in possession of the liquor, were not owners of the vehicle, and the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that each petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify their criminal antecedents. If any antecedent is found, the bail may be withdrawn; otherwise, the provisional bail will be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for granting provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482 CrPC
  • clean antecedent
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40641 of 2026
                     Arising Out of PS. Case No.-208 Year-2026 Thana- Excise P.S. District- Lakhisarai
                 ======================================================
           1.     Prince Kumar S/o Panchanand Yadav R/V - Katehar, Mali Tola, Ward No 4,
                  P.S.- - Surajgarha, Dist - Lakhisarai
           2.    Golu Kumar @ Niraj Kumar S/o Botal Yadav @ Shailendra Kumar R/V -
                 Katehar, Mali Tola, Ward No 4, P.S.- - Surajgarha, Dist - Lakhisarai


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Manoj Kumar
                 For the Opposite Party/s :         Mr. Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-06-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

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

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 100 litres of liquor from an auto. It is next submitted

                   that petitioners were not arrested from the spot as such nothing

                   was recovered from their conscious possession and are not the

                   owners of the seized vehicle and they came to be implicated at
Patna High Court CR. MISC. No.40641 of 2026(2) dt.24-06-2026
                                            2/3




          the instance of local person but then the name of the person who

          disclosed the name of the petitioners is not disclosed in the FIR

          which casts an aspersion on the case of the prosecution, when

          petitioners have not been implicated in the case based on secret

          information and are persons with clean antecedent.

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

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

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

          event of their 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) each

          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 Excise P.S. Case No.208C2/2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

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

          thereafter shall verify the criminal antecedents of the petitioners

          and in the event if it is found that petitioners have antecedent of

          even one case, in that event, it would be presumed that

          petitioners had concealed their antecedent before this court, as
             Patna High Court CR. MISC. No.40641 of 2026(2) dt.24-06-2026
                                                         3/3




                       such, the provisional anticipatory bail order shall not be

                       confirmed with respect to those petitioners whose criminal

                       antecedent does not tally but if after verification the criminal

                       antecedent as recorded hereinabove tallies with the petitioners in

                       that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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