Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedents, with confirmation contingent on the findings.
Summary
The petitioner, Ravi Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 2.160 litres of liquor from a bush. He argued that the liquor was not in his conscious possession, the location did not belong to him, and the complaint was instigated by a hostile watchman. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the provisional bail will be confirmed. The order is subject to Section 482(2) of the BNSS and verification by the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
- Whether the petitioner’s alleged lack of possession and the role of the watchman affect the bail decision.
- Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- liquor seizure
- criminal antecedent
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90221 of 2025
Arising Out of PS. Case No.-619 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Ravi Kumar S/O Late Sanjay Prasad R/O Vill.- Madhopur, P.S.- Chandi,
Dist.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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
petitioner has antecedent of one case and allegation is of
recovery of 2.160 liters of liquor from a bush.
4. 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 is accessible to villagers at large and he came to be
implicated at the instance of Chowkidar with whom he is on an
Patna High Court CR. MISC. No.90221 of 2025(2) dt.08-01-2026
2/3
inimical term. It is also submitted that if Chowkidar was aware
of the involvement of the petitioner in the occurrence then why
he did not inform the police prior to institution of the instant
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 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.
5,000/- (Rupees Five Thousand) 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 Chandi
P.S. Case No. 619 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 more
than 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
Patna High Court CR. MISC. No.90221 of 2025(2) dt.08-01-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.