Patna High Court
PARMANAND KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court refused to grant anticipatory bail to the petitioner.
Summary
Petitioner Parmanand Kumar sought anticipatory bail after learning that a case (PS Haraiya Case No. 21 of 2024) had been registered against him for alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act, involving the recovery of 4,000 litres of spirit. The prosecution alleged that the spirit was seized from a warehouse near the I.P. road lines and that the petitioner was implicated, although no incriminating material was found in his possession. The petitioner argued that he had no connection to the recovered spirits and was being accused merely on suspicion. The State opposed bail, highlighting the large quantity of contraband and the petitioner's five prior similar criminal convictions. Considering the seriousness of the seizure and the petitioner’s criminal antecedents, the Court refused the anticipatory bail application.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances?
- Do the petitioner’s prior criminal antecedents and the magnitude of the seized contraband justify denial of bail?
Legislation cited
- Bihar Narcotic Substances Act — s. 318(4), 336(3), 338, 340(2), 61(2)
- Bihar Prohibition and Excise Act — s. 30(a), 31, 33, 38, 41(1), 47
Subjects
- anticipatory bail
- narcotics
- excise
- criminal antecedents
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43231 of 2026
Arising Out of PS. Case No.-21 Year-2024 Thana- Haraiya District- East Champaran
======================================================
PARMANAND KUMAR S/O Late Krishna Lal Sah Resident of village-
Shankar Saraiya Fateh tola, ward no. 3, P.s.- Turkauliya, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujeet Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Hariya P.S. Case No.
21 of 2024 registered for the offence punishable under Sections
318(4), 338, 336(3), 340(2) and 61(2) of the BNS and Sections
30(a), 41(1), 31, 33, 38 and 47 of Bihar Prohibition and Excise
Act.
3. As per prosecution case, 4,000 liters of spirit was
recovered from the warehouse near the I.P. road lines.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
only on suspicion.
Patna High Court CR. MISC. No.43231 of 2026(2) dt.07-07-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner and submits that petitioner has got five
criminal antecedents of similar nature.
6. Considering huge quantity of recovery and
criminal antecedents of similar nature, prayer for anticipatory
bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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