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Patna High Court

Virendra Kumar @ Birendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified bond and surety conditions.

Summary

Virendra Kumar, the owner of a Bolero vehicle, sought anticipatory bail fearing arrest in a case (Runisaidpur P.S. Case No. 491 of 2020) alleging offences under Section 414 of the IPC and Sections 30(a), 38(i), 38(ii) and 41 of the Bihar Prohibition & Excise Amendment Act, 2022, for the recovery of about 2,963 litres of illicit liquor. The prosecution alleged that the vehicle was used for the illicit liquor seizure, while the petitioner claimed innocence and a clean antecedent. The State opposed the bail. The Patna High Court, after considering the facts, allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to deposit Rs. 25,000 with a charitable institution, subject to verification of his antecedents. The court imposed conditions to ensure compliance and prevent misuse of the bail. Consequently, the petitioner was granted anticipatory bail pending any arrest or surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offences under IPC Section 414 and the Bihar Prohibition & Excise Amendment Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • illicit liquor
  • prohibition law
  • excise law
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8425 of 2026
                   Arising Out of PS. Case No.-491 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Virendra Kumar @ Birendra Kumar S/o Sukhlal Sah R/o village -
                 Parshurampur , Ward No - 5 , P.S - Parsauni, District - Sitamarhi

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Devendra Kumar, Adv.
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   12-05-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                   2. The petitioner apprehends arrest in connection

                   with Runisaidpur P.S. Case No. 491 of 2020 registered for

                   offences under Section 414 of I.P.C. read with Sections 30(a),

                   38(i),(ii) and 41 of Bihar Prohibition & Excise Amendment Act,

                   2022.

                                   3. As per the prosecution case, the petitioner is the

                   owner of the Bolero vehicle from which the total recovery of

                   approx 2963 litres of illicit liquor have been made.

                                   4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   The petitioner is owner of Bolero vehicle and claims to be clean

                   antecedent.
Patna High Court CR. MISC. No.8425 of 2026(3) dt.12-05-2026
                                            2/3




                          5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                          6. Considering the facts and circumstances of the

          case, this application for anticipatory bail stands allowed.

                          7. Accordingly, let the petitioner, above-named, in

          the event of arrest or surrender within four weeks from today in

          the Court below, be released on anticipatory bail on furnishing

          bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with

          two sureties of the like amount each to the satisfaction of

          learned Court below where the case is pending/successor Court

          in connection with Runisaidpur P.S. Case No. 491 of 2020,

          subject to the following conditions:-

                                                 (i) The petitioner shall deposit a
                                  sum of Rs. 25,000/- (Rupees Twenty-Five
                                  Thousand Only) with Ramakrishna Mission
                                  Sevashrama,         Swami     Vivekananda   Path,
                                  Bela, Muzaffarpur, Bihar and shall produce
                                  a valid receipt thereof before the court
                                  below. The bail bonds shall be accepted only
                                  after verification of the genuineness of the
                                  said receipt.
                                                 (ii) At the time of acceptance of
                                  bail bonds, the court below shall verify the
                                  antecedents of the petitioner. The bail bonds
                                  shall be accepted only upon confirmation
                                  that     the     petitioner   has   no   criminal
            Patna High Court CR. MISC. No.8425 of 2026(3) dt.12-05-2026
                                                        3/3




                                              antecedent. However, such verification shall
                                              not be used as a ground to unnecessarily
                                              delay acceptance of the bail bonds.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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