Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 If any antecedent is found, the bail may be withdrawn; otherwise, the provisional bail will be confirmed.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
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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
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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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