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Patna High Court

Ravinder Kumar @ Ravindra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Ravinder Kumar, sought anticipatory bail fearing arrest in a case alleging possession of 2,240.280 litres of liquor recovered from four vehicles, with charges under IPC sections 272, 273, 120B and Section 30(a) of the Bihar Excise Act. He argued that he was not arrested on the spot, had no liquor in his possession, did not own the seized vehicles, and was implicated solely based on mobile tower location, making the case purely suspicion‑based. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent. If any antecedent is found, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted when the allegations are based solely on suspicion and mobile tower data.
  • Whether the petitioner’s clean antecedent can be presumed for the purpose of granting anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC
  • excise law
  • liquor seizure
  • mobile tower location
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41094 of 2026
                   Arising Out of PS. Case No.-551 Year-2022 Thana- BEGUSARAI MUFFASIL District-
                                                        Begusarai
                 ======================================================
                 Ravinder Kumar @ Ravindra Kumar S/O Karmchand @ Karamchand R/O
                 Village- MR. Grocery store mojam road near gate no. 2 mr. colony Fazika,
                 P.s.-Fazika, District- Fazika, Punjab

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sandip Kumar Gautam
                 For the Opposite Party/s :      Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026               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 offences punishable under Sections 272, 273 and 120B of IPC

                   and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2240.280 litres of liquor from four vehicles.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of any

                   of the seized vehicles and he came to be implicated based on tower

                   location of his mobile. It is next submitted that entire allegation

                   hinges around suspicion.
              Patna High Court CR. MISC. No.41094 of 2026(2) dt.03-07-2026
                                                          2/2




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

                        anticipatory bail of the petitioner.

                                 6.     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 Muffasil (Lakho

                        OP) P.S. Case No. 551 of 2022 subject to the conditions as laid down

                        under Section 482(2) of the BNSS.

                                 7.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioner and in the event

                        if it is found that petitioner has antecedent of even one case then it

                        would be presumed that petitioner, for the purposes of seeking

                        anticipatory bail, had concealed his antecedent before this Court, as

                        such, the provisional anticipatory bail order shall not be confirmed,

                        but after verification if it is found that petitioner is a person with

                        clean antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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