Patna High Court
Sarvan Kumar @ Sadhu Kumar @ Sravan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to verification of the petitioners' criminal antecedents.
Summary
The petitioners, Sarvan Kumar and Ramjanm Kumar, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 57.75 litres of liquor from a cowshed. They argued that the liquor was not in their conscious possession and that the complaint was filed by a hostile chaukidar, raising doubts about the prosecution's case. The State opposed the anticipatory bail application. The High Court, considering the petitioners' clean or minimal criminal antecedents, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and a condition that the trial court verify their antecedents within six weeks. The order further stipulated that if verification revealed undisclosed antecedents, the bail would not be confirmed, whereas confirmation would follow if the antecedents remained as represented.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged involvement of a hostile chaukidar and lack of possession of the liquor affect the grant of anticipatory bail.
- Whether the petitioners' criminal antecedents warrant conditional bail pending verification.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- criminal antecedent
- provisional bail
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4386 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
1. Sarvan Kumar @ Sadhu Kumar @ Sravan Kumar S/o- Kishor Yadav R/o
Village- Balwapar, near Station, P.S. - Warisaliganj, Dist- Nawada
2. Ramjanm Kumar @ Ranjan Kumar S/o- Rajesh Yadav R/o Village-
Balwapar, near Station, P.S. - Warisaliganj, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of one case and allegation is of recovery of
57.750 litres of liquor from a cowshed.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the alleged
recovery is from a cowshed which does not belong to the
Patna High Court CR. MISC. No.4386 of 2026(2) dt.31-01-2026
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petitioners but then they came to be implicated at the instance of
the Chawkidar with whom they are on an inimical term. It is
next submitted that if the Chawkidar was aware of the
involvement of the petitioners in the occurrence then why he did
not inform the police prior to the institution of the instant FIR
which casts an aspersion on the case of the prosecution, when
petitioner no. 1 admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-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.5,000/- (Rupees Five Thousand) 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
Warisaliganj P.S. Case No. 266 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
Patna High Court CR. MISC. No.4386 of 2026(2) dt.31-01-2026
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if it is found that petitioner no. 1 has antecedent of even one
case and petitioner no. 2 has antecedent of more than one case,
it would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2,500/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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