Patna High Court
Nandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to verification of criminal antecedents and compliance with conditions under Section 482(2) of the BNSS.
Summary
The petitioners, three residents of Bhairopur, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of liquor from land not belonging to them. They argued that no liquor was found in their possession and that the FIR did not disclose the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after hearing counsel, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the BNSS, directing the trial court to verify the petitioners' criminal antecedents. The order stipulated that if any petitioner concealed prior cases, the bail would not be confirmed for that individual; otherwise, the bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances of the case.
- Whether the alleged recovery of liquor from premises not owned by the petitioners justifies denial of bail.
- Whether concealment of criminal antecedent affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.853 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- DORIGANJ District- Saran
======================================================
1. Nandan Kumar S/O Ashok Choudhary Resident of Village- Bhairopur,
Nizamat, Police Station- Doriganj, District- Saran.
2. Chandan Kumar S/O Ashok Choudhary Resident of Village- Bhairopur,
Nizamat, Police Station- Doriganj, District- Saran.
3. Lal Mohan Chaudhary S/O Ram Nath Chaudhary Resident of Village-
Bhairopur, Nizamat, Police Station- Doriganj, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari
For the Opposite Party/s : Mr.Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner nos. 1 and 3 are person with clean antecedent and
petitioner no. 2 has antecedent of one case and allegation is of
recovery of 60 litres of liquor from a vacant land situated near
the house of petitioner no. 2 and 22.5 litres of liquor from a
place behind the hut of Rajan Kumar.
Patna High Court CR. MISC. No.853 of 2026(2) dt.19-01-2026
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4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and they came to be implicated at the instance of
local people, but then the name of the person, who disclosed the
name of the petitioner is not disclosed in the 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
5,000/- (Rupees Five Thousand) each 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
Doriganj P.S. Case No. 361 of 2025, subject to the conditions as
laid down under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner nos. 1 and 3 have antecedent of
Patna High Court CR. MISC. No.853 of 2026(2) dt.19-01-2026
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even one case and petitioner no. 2 has antecedent of more than
one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioner nos. 1 and 3 are
person with clean antecedent and petitioner no. 2 has antecedent
of one case in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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