Patna High Court

Priyanshu Kumar @ Bhola KumarversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent, under Section 482(2) of the BNSS.

Summary

The petitioner, Priyanshu Kumar, sought anticipatory bail after learning of a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 720 litres of liquor from a public riverbank. He argued that he has a clean antecedent, was not arrested at the spot, and the alleged liquor was not in his possession nor on his private property. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond and two sureties, subject to verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would be revoked, but if the petitioner remains clean, the bail would be confirmed.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act
Whether the petitioner’s clean antecedent and lack of possession justify provisional anticipatory bail
Whether conditions under Section 482(2) of the BNSS can be imposed on anticipatory bail

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
clean antecedent
provisional bail
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85679 of 2025
                   Arising Out of PS. Case No.-667 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
                 Priyanshu Kumar @ Bhola Kumar Son of Swaminath Kushwaha Resident Of
                 Village -Khurmabad, Ps -Siwan Muffasil, Dist -Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dhananjay Kumar Shahi
                 For the Opposite Party/s :      Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

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

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 720 litres of liquor from a place near the bank of

                   Daho river.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

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

                   and is accessible to public at large and He came to be implicated
Patna High Court CR. MISC. No.85679 of 2025(3) dt.20-01-2026
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          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,

          moreso when petitioner admittedly is a peson with clean

          antecedent.

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

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner 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 Siwan

          Muffasil P.S. Case No. 667 of 2025, subject to the conditions as

          laid down under Section 482(2) of the BNSS.

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

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.85679 of 2025(3) dt.20-01-2026
                                                          3/3




                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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