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Patna High Court

Sumit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with bail conditions.

Summary

The petitioners, Sumit Kumar and Arun Kumar, were implicated in a case involving the alleged recovery of 27.9 liters of liquor under Section 30(a) of the Bihar Excise Act. Sumit Kumar was arrested during the pendency of his anticipatory bail application, which was subsequently withdrawn with the court's permission. Arun Kumar, claiming a clean antecedent and no direct involvement, sought anticipatory bail, arguing that the liquor was recovered from a location not belonging to him and that he was implicated due to personal enmity with a chowkidar. The State opposed the bail. The High Court granted Arun Kumar provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and a six‑week window for surrender, and ordered verification of his criminal antecedent before confirming the bail.

Issues considered

  • Whether anticipatory bail can be granted to Arun Kumar under Section 30(a) of the Bihar Excise Act given the facts of the case.
  • Whether the petitioner’s alleged clean antecedent justifies the grant of provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • clean antecedent
  • provisional bail
  • High Court
  • Criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84886 of 2025
                      Arising Out of PS. Case No.-353 Year-2025 Thana- BAKHARI District- Begusarai
                 ======================================================
           1.     Sumit Kumar S/O Arun Kumar R/O Village - Udaypur (Udaipur), P.S-
                  Bakhri, District - Begusarai
           2.    Arun Kumar S/O Ram Chandra Mahto R/O Village - Udaypur (Udaipur),
                 P.S- Bakhri, District - Begusarai

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shivam Prerna, Advocate
                 For the Opposite Party/s :        Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The learned counsel for the petitioners, at the

                   outset, seeks permission to withdraw the anticipatory bail

                   application with respect to petitioner no. 1 (Sumit Kumar) who

                   was arrested during pendency of the same.

                                3. Permission is accorded.

                                4. The petitioner no. 2 apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                5. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of
Patna High Court CR. MISC. No.84886 of 2025(3) dt.19-01-2026
                                            2/3




          recovery of 27.9 liters of liquor from hut of Sumit Kumar.

                       6. Learned     counsel for the petitioner submits that

          petitioner was not apprehended from the spot as such nothing

          was recovered from his conscious possession and even alleged

          recovery is from a place which does not belong to the petitioner

          and petitioner has no concern or relation with Sumit, but then

          being co-villager he came to be implicated at the instance of

          Chowkidar with whom he is on an inimical term.

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

          anticipatory bail of the petitioner.

                       8. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner no. 2 above-named, in

          the event of his arrest or surrender before the learned Trial Court

          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 Bakhri

          P.S. Case No. 353 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       9. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner no. 2 and in

          the event if it is found that petitioner no. 2 has antecedent of even
            Patna High Court CR. MISC. No.84886 of 2025(3) dt.19-01-2026
                                                        3/3




                      one case then it would be presumed that petitioner no. 2 for the

                      purposes of seeking anticipatory bail, had concealed his antecedent

                      before this Court, as such, the provisional anticipatory bail order

                      shall not be confirmed, but after verification if it is found that

                      petitioner no. 2 is a person with clean antecedent in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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