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Patna High Court

Harendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the anticipatory bail application, directing release on bail with specified conditions.

Summary

Harendra Kumar applied for anticipatory bail in connection with a case where 300 litres of illicit country-made liquor were recovered from a Maruti Suzuki vehicle. An earlier bail order was set aside because the petitioner’s criminal antecedent was not fully verified. The petitioner contended that he was falsely implicated, had no possession of the seized vehicle, and that only one co‑accused had a prior record. The State opposed the bail, citing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The Patna High Court, invoking Section 482 of the BNSS, allowed the bail application, directing release upon surrender with a Rs 10,000 bond, two sureties, and several conditions including verification of antecedent and attendance in court. The order further stated that any observations made would not affect the trial.

Issues considered

  • Whether anticipatory bail can be granted despite incomplete verification of the petitioner’s criminal antecedent
  • Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act
  • What conditions may be imposed under Section 482 of the BNSS when granting bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482
  • illicit liquor
  • excise offence
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7105 of 2026
                        Arising Out of PS. Case No.-54 Year-2025 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Harendra Kumar S/O Chandra Yadav @ Ramchandra Yadav R/o Village -
                 Dharhara Kala, P.S- Fatehpur, Distt.- Gaya
                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pintu Kumar Patel, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   18-02-2026                  This is the second bail application being preferred by

                   the petitioner.

                                2. It has been submitted by the learned counsel for the

                   petitioner that earlier the petitioner had filed the application for

                   bail vide Cr. Misc. No. 52497 of 2025 and the same was

                   allowed by order dated 12.08.2025. However, in view of the

                   condition contained in paragraph – 6(v) with regard to

                   verification of criminal antecedent, it was found that

                   inadvertently complete antecedent in the bail application was

                   not provided and hence the bail bonds of the petitioner were not

                   accepted.

                                3. The learned counsel for the petitioner submits that

                   the subsequent application for modification was disposed of

                   with a direction to move this Court with fresh prayer for bail.

                                4. Heard learned counsel for the petitioner and the
Patna High Court CR. MISC. No.7105 of 2026(2) dt.18-02-2026
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          learned APP for the State.

                        5. Heard learned counsel for the petitioner and learned

          APP for the State.

                        6. The petitioner seeks bail in anticipation of his arrest

          in connection with Fatehpur P.S. Case No. 54 of 2025 instituted

          for the offences punishable under Section 30(a) of the Bihar

          Prohibition and Excise Act.

                        7. As per the prosecution case, total 300 liters of illicit

          country made liquor was recovered from the red coloured

          Maruti Suzuki.

                        8. Learned counsel for the petitioner has submitted

          that the petitioner has falsely been implicated in this case. It is

          further submitted that no incriminating article has been

          recovered from the conscious possession of the petitioner and

          has no concern with the alleged recovery. It is also submitted

          that the petitioner is not the owner of the said seized vehicle. It

          is lastly submitted that the petitioner no. 2 has one criminal

          antecedent.

                        9. Learned APP appearing on behalf of the State has

          vehemently opposed the prayer for anticipatory bail of the

          petitioner.

                        10. Considering the facts aforesaid, the petitioner is
Patna High Court CR. MISC. No.7105 of 2026(2) dt.18-02-2026
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          directed to be released on bail, in the event of his arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, on

          his furnishing bail bonds in the sum of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Exclusive Special Excise Judge No.

          4, Gaya in connection with Fatehpur P.S. Case No. 54 of 2025,

          subject to the conditions as laid down under Section 482 of the

          BNSS and subject to the following conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioner;

                       (ii) the petitioner will remain present on each and

          every date fixed by the Court below, if so required by the

          learned Trial Court;

                       (iii) in case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the petitioner

          will liable to be cancelled by the Court concerned;

                       (iv) if the petitioner is found involved in similar

          nature of offence in future, the prosecution will be at liberty to

          move for cancellation of his bail bonds;

                       (iv) the Court below shall verify the criminal

          antecedent of the petitioner and in case at any stage, it is found
            Patna High Court CR. MISC. No.7105 of 2026(2) dt.18-02-2026
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                      that the petitioner has concealed his criminal antecedent, the

                      court below shall take step for cancellation of bail bonds of the

                      petitioner. However, the acceptance of bail bonds in terms of the

                      above mentioned order shall not be delayed for purpose of the

                      same on in the name of verification.

                                   11. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.

                                   12. The application stands allowed.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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