Patna High Court
Ravinder Kumar @ Ravindra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Indian Penal Code — s. 120B, 272, 273
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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