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Patna High Court

Nandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                          3/3




                        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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