Patna High Court
Anand KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the withdrawal of anticipatory bail for Anand Kumar and granted provisional anticipatory bail to Pankaj Kumar, subject to conditions and verification of antecedents.
Summary
Anand Kumar and his brother Pankaj Kumar were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, involving alleged recovery of liquor from a banana orchard. Anand was already arrested, and his counsel sought to withdraw the anticipatory bail application, which the court permitted. Pankaj, who has a clean antecedent, feared arrest and applied for anticipatory bail, arguing that no liquor was found in his possession and the allegation was based on secret information. The State opposed the bail. The court granted Pankaj provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S., with confirmation of bail if he is found to have no prior cases.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the anticipatory bail application of Anand Kumar can be withdrawn.
- Whether provisional anticipatory bail can be granted to Pankaj Kumar subject to verification of antecedents.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- provisional bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- secret information
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41571 of 2026
Arising Out of PS. Case No.-102 Year-2026 Thana- SARAI District- Vaishali
======================================================
1. Anand Kumar S/O Umesh Ray Resident of Village- Basant Patedha @
Jahangirpur Patedha/ Patreha, P.S.- Sarai, District- Vaishali.
2. Pankaj Kumar S/O Umesh Ray Resident of Village- Basant Patedha @
Jahangirpur Patedha/ Patreha, P.S.- Sarai, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh
For the Opposite Party/s : Mr. Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioner seeks permission
to withdraw the anticipatory bail application with respect to
petitioner no.1, namely, Anand Kumar, who was arrested.
3. Permission is accorded.
4. The petitioner no.2 apprehend his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment)Act, 2022.
5. Learned counsel for the petitioner submits that
petitioner no.2 is a person with clean antecedent and allegation
is of recovery of 1.095 litres of liquor from an Banana orchard.
Patna High Court CR. MISC. No.41571 of 2026(2) dt.30-06-2026
2/3
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and even alleged recovery is from a place which does not
belong to the petitioner and he came to be implicated based on
secret information which is the easiest way to implicate
someone, without holding a proper investigation.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no.2, 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 Sarai P.S. Case No.102/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
8. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioner
no.2 and in the event if it is found that petitioner no.2 has
antecedent of even one case, in that event, it would be presumed
that petitioner had concealed his antecedent before this court, as
Patna High Court CR. MISC. No.41571 of 2026(2) dt.30-06-2026
3/3
such, the provisional anticipatory bail order shall not be
confirmed but if after verification, it is found that petitioner no.2
is a person with clean antecedent, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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