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Patna High Court

Kanhaiya Kumar @ Kishan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, a deposit with the Advocate Association, and verification of his criminal antecedents.

Summary

The petitioner, Kanhaiya Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 3.87 litres of liquor from a forest area near a railway station. He argued that he was not arrested at the spot, no liquor was found in his possession, and the FIR omitted the name of the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and a condition that the petitioner deposit Rs.2,500 with the Patna High Court Advocate Association. The order also stipulated that the trial court verify the petitioner’s criminal antecedents; if more than two prior cases are found, the bail would not be confirmed, otherwise it would be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise Act.
  • Whether the lack of possession and omission of the informant’s name in the FIR justify granting bail.
  • What conditions, if any, should be imposed on the anticipatory bail order.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • Section 438
  • Section 482
  • criminal antecedent
  • provisional bail
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6254 of 2026
                  Arising Out of PS. Case No.-269 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
                                                        Madhepura
                 ======================================================
                 Kanhaiya Kumar @ Kishan Kumar S/O Late Kishore Pd. Sah R/O Vill.-
                 Bihariganj, Ward No.- 10, P.S-Biharganj, Dist- Madhepura
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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 the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 3.87 litres of liquor from a forest

                   area near the railway station.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is accessible to public at large. It is further submitted
Patna High Court CR. MISC. No.6254 of 2026(2) dt.04-02-2026
                                            2/3




          that petitioner came to be implicated at the instance of the local

          person but then the name of the person who disclosed the name

          of the petitioner is not disclosed in the FIR which casts an

          aspersion on the case of the prosecution. It is next submitted that

          once an accused is implicated in a case relating to excise the

          police start implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case.

                       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, let the petitioner above-named, in the

          event of his 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.10,000/- (Rupees One Thousand) 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

          Udakishunganj Excise P.S. Case No. 269 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
           Patna High Court CR. MISC. No.6254 of 2026(2) dt.04-02-2026
                                                       3/3




                     court shall verify the criminal antecedent of the petitioner and if

                     it is found that petitioner has antecedent of more than two cases,

                     it would be presumed that petitioner had concealed his

                     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 has antecedent of only two cases 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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