Patna High Court
Amar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
Amar Kumar applied for anticipatory bail after an FIR was lodged alleging that 109.98 litres of liquor were recovered from a bush behind his house, implicating him under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he has a clean antecedent, the liquor was not in his conscious possession, and the complaint was motivated by a hostile watchman. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that Kumar furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedent. If any prior case is found, the bail will not be confirmed; if he is found clean, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Smuggling (BNSS) Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the alleged recovery of liquor constitutes sufficient ground for denial of bail.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- prohibition act
- liquor seizure
- clean antecedent
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7209 of 2026
Arising Out of PS. Case No.-429 Year-2025 Thana- MOTIPUR District- Muzaffarpur
======================================================
Amar Kumar S/O Rambali Bhagat Resident of village- Bathana, P.S.-
Motipur, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sagar Kumar, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 offences punishable under Sections 30(a) and
41(1) 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 109.980 litres of liquor from a bush behind the
house of the petitioner.
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 adjacent to his house. It is further submitted that
Patna High Court CR. MISC. No.7209 of 2026(2) dt.19-02-2026
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petitioner came to be implicated at the instance of the
Chawkidar with whom he is on an inimical term. It is next
submitted that if the Chawkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to the institution of the instant FIR which casts
an aspersion on the case of the prosecution.
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 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 Motipur P.S. Case No. 429 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
Patna High Court CR. MISC. No.7209 of 2026(2) dt.19-02-2026
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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 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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