Patna High Court
Virendra Kumar @ Birendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a), 38(i), 38(ii), 41
- Indian Penal Code — s. 414
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/-
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