Patna High Court
Harendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- BNSS — s. 482
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
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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
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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
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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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