Patna High Court
Subhash Kumar @ BulletversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.
Summary
Petitioner Subhash Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 105 litres of liquor from a pond area not belonging to him. He argued he has a clean antecedent and that the liquor was not found in his possession, claiming the investigation was based on secret information. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and depositing Rs.1500 with the Advocates’ Association, subject to verification of the petitioner’s criminal antecedents by the trial court. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the Court are appropriate under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- liquor seizure
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5818 of 2026
Arising Out of PS. Case No.-619 Year-2025 Thana- BYPASS District- Patna
======================================================
Subhash Kumar @ Bullet S/o Basudev Prasad @ Vasudeo Prasad Resident of
- Bahari Begampur, Beldari Tola, Begampur, Sampatchak, P.S - Bypass,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Pathak
For the Opposite Party/s : Ms. Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 105 litres of liquor from a place near a pond. It is
next submitted 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 which does not belong to
the petitioner but then is accessible to villagers at large and he
came to be implicated based on secret information which is the
Patna High Court CR. MISC. No.5818 of 2026(2) dt.03-02-2026
2/3
easiest way to implicate someone without holding a proper
investigation, when petitioner admittedly is a person with clean
antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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 Bypass
P.S. Case No.619/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. 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
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.5818 of 2026(2) dt.03-02-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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