Patna High Court
Bunty Kumar @ Bunty SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedent.
Summary
The petitioner, Bunty Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly possessing 54 litres of liquor recovered from a cowshed on his premises. He contended that he has a clean antecedent, that the liquor was not in his conscious possession, and that the cowshed is accessible to villagers, suggesting a possible framing by an adversary. He applied for anticipatory bail, arguing that arrest would be unwarranted and that no prudent person would use his own premises to commit the alleged offence. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and verification of the petitioner’s antecedent, invoking Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the alleged possession of liquor in the cowshed constitutes sufficient ground for arrest.
- Whether the petitioner’s criminal antecedent, if any, affects the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor possession
- clean antecedent
- Section 30(a)
- Section 482(2)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56976 of 2025
Arising Out of PS. Case No.-198 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- Begusarai
======================================================
Bunty Kumar @ Bunty Singh S/O Pappu Singh R/O Village- Gachhi Tola
Malhipur, P.S- Chakiya, BTPS District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 54 litres of liquor from a cowshed of the petitioner.
It is next submitted that petitioner was not arrested from the
spot, as such, nothing was recovered from his conscious
possession and cowshed is the place outside the house and thus
is accessible to villagers at large. It is next submitted that no
prudent person would use his own premises for committing an
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occurrence and thus, would create evidence against himself and
hence, would get implicated. It is also submitted that it appears
that someone inimical to the family concealed meager amount
of liquor in the cowshed with an intent to implicate the entire
family members and the police in a mechanical manner
implicated the petitioner along with others.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Court of
Exclusive Special Judge Excise-2nd, Begusarai in connection
with Begusarai Excise Case No.198 C2 of 2020, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
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found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if 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)
Sanjay/-
U T
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