Patna High Court

Ajay Kumar @ Ajay Kumar SinghversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Ajay Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 142.560 litres of liquor. He argued that he was not in possession of the liquor, was not the owner of the seized vehicle, and was implicated due to a personal dispute with the chowkidar. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The order is subject to the provisions of Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the petitioner’s criminal antecedent affects the grant and confirmation of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
liquor seizure
criminal antecedent
Bihar Prohibition and Excise Act
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.818 of 2026
                    Arising Out of PS. Case No.-124 Year-2025 Thana- NATIONAL HIGHWAY District-
                                                       Samastipur
                 ======================================================
                 Ajay Kumar @ Ajay Kumar Singh S/o Sukhendra Singh R/o Village-
                 Rahimabad Ward No.02, P.S- N.H. Bangra, Dist- Samastipur.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepak Kumar Singh
                 For the Opposite Party/s :      Mr. Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026                  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

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 142.560 litres of liquor from a car.                  It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized vehicle and he came to be implicated at

                   the instance of chowkidar with whom he is on an inimical term.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.

                                5. Considering the submissions made by the learned
             Patna High Court CR. MISC. No.818 of 2026(2) dt.19-01-2026
                                                         2/2




                       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 from today, be released on

                       provisional anticipatory bail on furnishing bail bonds of

                       Rs.5000/- (Rupees five thousand) 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 N.H.

                       Bangra P.S. Case No.124/2025, subject to the conditions as laid

                       down under Section 482(2) of the B.N.S.S.

                                    6. It is made clear that the learned trial court thereafter

                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of more than

                       one case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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