Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of criminal antecedents, with the order to be confirmed if antecedents match the petitioners' disclosures.
Summary
Petitioners Sandeep Kumar and Deepak Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that liquor recovered from a third party's house was not in their possession and that they were implicated by a chowkidar. The petitioners highlighted their prior criminal records—two cases for petitioner 1 and three for petitioner 2—and argued that no arrest had been made and no evidence linked them directly to the contraband. The State opposed the bail, contending the seriousness of the offence and the petitioners' antecedents. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of the petitioners' criminal antecedents. It further stipulated that if the antecedents exceed the disclosed numbers, the bail would be withdrawn, otherwise the provisional order would be confirmed.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- bail conditions
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45489 of 2026
Arising Out of PS. Case No.-68 Year-2026 Thana- PIPRAKOTHI District- East Champaran
======================================================
1. Sandeep Kumar S/o Lalan Mahto R/o Village - Mathiya Bariyarpur, PS -
Piprakothi, District - East Champaran
2. Deepak Kumar S/o Bharat Mahto R/o Village - Mathiya Bariyarpur, PS -
Piprakothi, District - East Champaran
... ... 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. Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 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
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of two cases and petitioner no.2
has antecedent of three cases under the Excise Act and
allegation is of recovery of 110 litres of liquor from house of
Dharmendra.
4. Learned counsel submits that petitioners were not
arrested from the spot as such nothing was recovered from their
Patna High Court CR. MISC. No.45489 of 2026(2) dt.10-07-2026
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conscious possession and even alleged recovery is from a place
which does not belong to the petitioners and petitioners have no
concern or relation with Dharmendra and they came to be
implicated at the instance of chowkidar and local people but
then if chowkidar and local person were aware of the
involvement of the petitioners in the occurrence then why they
did not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution.
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, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Rupees fifteen 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 Piprakothi P.S. Case No.68 of 2026,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
7. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
Patna High Court CR. MISC. No.45489 of 2026(2) dt.10-07-2026
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and in the event if it is found that petitioner no.1 has antecedent
of more than two cases and petitioner no.2 has antecedent of
more than three cases, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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