Patna High Court
Phulbabu Kumar @ Ful Babu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Phulbabu Kumar, was implicated in a case (PS‑46/2025) for alleged possession of 186.06 litres of liquor recovered from four motorcycles and jute sacks, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he had a clean antecedent, was not in actual possession at the time of seizure, and was only linked to the case because he owned one of the vehicles used by a friend who fled the scene. The State opposed his prayer for anticipatory bail. The Court considered the submissions and, under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, ordered provisional anticipatory bail, subject to a modest bond, sureties, verification of antecedents, and a deposit with the Lawyers’ Association. The order stipulated that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The petitioner also undertook to deposit a further amount with the Bar Association within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s ownership of the seized vehicle and alleged lack of conscious possession justify granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor possession
- clean antecedent
- Bihar Prohibition and Excise Act
- CrPC Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6678 of 2026
Arising Out of PS. Case No.-46 Year-2025 Thana- BAJPATTI District- Sitamarhi
======================================================
Phulbabu Kumar @ Ful Babu Kumar S/O Mohan Thakur Resident of Village-
Bachopatti Narha, P.S.- Bajpatti, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 186.06 litres of liquor from four different
motorcycles and Jute Sacks.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of one of the seized vehicles. It is next submitted that no
prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.6678 of 2026(2) dt.04-02-2026
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occurrence and thus would create evidence against himself and
hence would get implicated. It is also submitted that petitioner
was completely unaware that his friend would misuse the
vehicle in the manner as alleged who also fled from the spot.
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.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 Bajpatti
P.S. Case No. 46 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
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, 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
Patna High Court CR. MISC. No.6678 of 2026(2) dt.04-02-2026
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confirmed but if it is found on verification that petitioner is a
person with clean antecedent 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.1,500/- with the Lawyers’ Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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