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Patna High Court

Amit Kumar @ ChintuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted where the petitioner has a clean antecedent and there is no material evidence of his possession or knowledge of the alleged liquor, subject to verification of antecedent.

Summary

Amit Kumar was implicated in a case under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act for allegedly possessing 17.250 litres of liquor recovered from a house that forms part of a joint family property adjacent to a petrol pump. The petitioner argued that he has a clean antecedent, that the liquor was not found in his immediate possession, and that the FIR does not disclose the informant, casting doubt on the prosecution’s case. The State opposed the grant of anticipatory bail. The Court, after considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail‑bond of Rs.500 with two sureties, subject to verification of his criminal antecedent and the conditions of Section 482(2) of the B.N.S.S. The order was made conditional that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act where the alleged liquor is not in the petitioner’s immediate possession.
  • Whether the petitioner’s clean antecedent and the joint family nature of the property justify granting anticipatory bail.
  • Whether the absence of the informant’s name in the FIR affects the merit of the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • joint family property
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69963 of 2025
                       Arising Out of PS. Case No.-657 Year-2022 Thana- Excise P.S. District- Jamui
                 ======================================================
                 Amit Kumar @ Chintu S/o Subendar Singh R/o Village- Nawdiha, PS-
                 Khaira, District- Jamui

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Niranjan Parihar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a), 41(1) and

                   41(2) 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 17.250 litres of liquor from house of the petitioner

                   adjacent to a petrol pump. It is next submitted that petitioner

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

                   from his conscious possession and the house in question is a

                   joint family property, as such, it cannot be alleged with certainty

                   that it was petitioner who had kept the liquor in the house or the

                   liquor kept in the house was within his knowledge and he came
Patna High Court CR. MISC. No.69963 of 2025(3) dt.07-01-2026
                                            2/3




          to be implicated at the instance of local person but then 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, when petitioner admittedly is a person with clean

          antecedent.

                       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-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Excise Court-IInd, Jamui in connection with JAM P.S. Case

          No.657 of 2022, 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

          found that petitioner has antecedent of even one case, then it
               Patna High Court CR. MISC. No.69963 of 2025(3) dt.07-01-2026
                                                           3/3




                         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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