Patna High Court
Kanhaiya Kumar @ Kishan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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