Patna High Court
Danayia @ Pintu Kumar @ Pintu @ Danayia Kumar @ Dani KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to petitioners 2 and 3 subject to specified conditions and dismissed petitioner 1's application as withdrawn.
Summary
The petitioners, Upendra Rai and Murari Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of liquor from a brick kiln. They applied for anticipatory bail, asserting clean antecedents and that the alleged recovery was not from their possession. The court allowed the withdrawal of the anticipatory bail application for petitioner Danayia (Petitioner 1) who had already been arrested. For petitioners 2 and 3, the court granted provisional anticipatory bail subject to a Rs.500 bail bond each, two sureties, verification of criminal antecedent, and a deposit of Rs.1,500 with the Advocates’ Association. The order stipulated that if any antecedent is discovered, the bail would not be confirmed, but if clean, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to petitioners under Section 30(a) of the Bihar Excise Act.
- Whether the anticipatory bail application of petitioner 1 can be withdrawn.
- What conditions are appropriate for granting anticipatory bail under Section 482(2) of the BNSS.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- provisional bail
- criminal antecedent
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4103 of 2026
Arising Out of PS. Case No.-734 Year-2025 Thana- MANER District- Patna
======================================================
1. Danayia @ Pintu Kumar @ Pintu @ Danayia Kumar @ Dani Kumar S/o
Chaneshwar Ray R/o Nagatola Goriya Sthan, PS- Maner, Distt- Patna
2. Upendra Rai @ BPL @ Upendra Singh S/o Ramnarayan Rai R/o Nagatola
Goriya Sthan, PS- Maner, Distt- Patna
3. Murari Kumar @ Krishna Murari Kumar S/o Ramesh Ray R/o Nagatola
Goriya Sthan, PS- Maner, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prakash Chandra Jha
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State, Sri Madan Kumar.
2. Learned counsel for the petitioners seeks
permission to withdraw the anticipatory bail application with
respect to petitioner no. 1 (Danayia @ Pintu Kumar @ Pintu @
Danayia Kumar @ Dani Kumar), who was arrested during
pendency of the instant anticipatory bail application.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
dismissed as withdrawn with respect to petitioner no. 1(Danayia
@ Pintu Kumar @ Pintu @ Danayia Kumar @ Dani Kumar).
Patna High Court CR. MISC. No.4103 of 2026(2) dt.29-01-2026
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5. The petitioner Nos. 2 and 3 apprehend their arrest
in a case registered for the offences punishable under Section
30(a) of the Bihar Excise Act.
6. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 1189.455 litres of liquor from a place behind a brick
kiln.
7. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
recovery is from a brick kiln which does not belong to the
petitioners and they came to be implicated at the instance of
Chowkidar but then it is submitted that if the Chowkidar was
aware about the involvement of the petitioners 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, when petitioners admittedly are persons
with clean antecedent.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
9. Considering the submissions made by the learned
counsel for the petitioners, the petitioner nos. 2 and 3 above-
Patna High Court CR. MISC. No.4103 of 2026(2) dt.29-01-2026
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named, in the event of their arrest or surrender before the
learned trial court 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 Maner P.S. Case No. 734 of 2025, subject to the
conditions as laid down under Section Section 482(2) of the
BNSS.
10. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that petitioners have antecedent of
even one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed with respect to
that petitioner who had concealed his criminal antecedent before
this Court, but after verification if it is found that petitioners are
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
11. At this stage, the learned counsel for the petitioners
based on instruction submits that petitioners undertake to
Patna High Court CR. MISC. No.4103 of 2026(2) dt.29-01-2026
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deposit an amount of Rs. 1,500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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