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Patna High Court

Sarvan Kumar @ Sadhu Kumar @ Sravan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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