Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of his antecedents, under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Ravi Kumar, sought anticipatory bail after the police registered a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging that liquor was recovered from a location near the Sone river and that some of it was linked to him. He argued that he has a clean antecedent, that the alleged liquor was not found in his conscious possession, and that the investigation was based solely on secret information without proper inquiry. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. The order further stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail. The decision was based on the powers under Section 482(2) of the B.N.S.S. and the principle that anticipatory bail may be granted when the petitioner appears unlikely to flee and has no prior criminal record.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of anticipatory bail.
- Whether the trial court should verify the petitioner’s criminal antecedents before confirming the provisional bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 30(c)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- clean antecedent
- Bihar Prohibition and Excise Act
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45677 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- OBRA District- Aurangabad
======================================================
Ravi Kumar Son of Sanjay Paswan Resident of Village- Mahadewa PS- Obra
District -Aurangabad Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rupa Kumari
For the Opposite Party/s : Mr. Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a), 30(c)
of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 170 litres of liquor from a place near Sone river, out
of which 45 litres of liquor is alleged to have been recovered
from four dilla of the petitioner and 1000 litres of raw jawa
mahua was destroyed at the spot
4. Learned counsel submits 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
Patna High Court CR. MISC. No.45677 of 2026(2) dt.10-07-2026
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which does not belong to the petitioner and is accessible to
villagerfs at large and he came to be implicated based on secret
information which is the easiest way to implicate someone,
without holding a proper investigation, when petitioner
admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner 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 Obra P.S. Case No.91 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 the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.45677 of 2026(2) dt.10-07-2026
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on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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