Patna High Court
PRAVIN KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bail bonds, sureties and verification of criminal antecedents.
Summary
Petitioners Pravin Kumar and Munai Lal sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of 15 litres of liquor from a bamboo orchard not owned by them. They argued they have no prior criminal record and that the alleged liquor was seized from a public area, with no material recovered from their possession. The State opposed the bail, contending the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and two sureties, and directed verification of their antecedents. The order stipulated that if any prior case is discovered, the bail would be presumed concealed and could be revoked, whereas a clean record would lead to confirmation of the bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bihar Prohibition and Excise Act, 2022.
- Whether the circumstances of the alleged recovery justify arrest.
- Whether the court may impose conditions, including verification of antecedents, under Section 482(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- clean antecedent
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90244 of 2025
Arising Out of PS. Case No.-1103 Year-2025 Thana- SAHARSA SADAR District- Saharsa
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1. PRAVIN KUMAR S/o Munai Lal Sah @ Munga Sah @ Munga Lal Sah R/o
vill - Bengha, Hatiyagachhi, ward no. 4/10, P.S. and Distt.- Saharsa
2. Munai Lal Sah @ Munga Sah @ Munga Lal Sah S/o Late Ramfal Sah R/o
vill - Bengha, Hatiyagachhi, ward no. 4/10, P.S. and Distt.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisuzzoha
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 offence punishable under Sections 30(a) and
30(c) of Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 15 litres of liquor from a bamboo orchard. It is next
submitted that petitioners were not arrested from the spot as
such nothing was recovered from their conscious possession and
even alleged recovery is from a place which does not belong to
the petitioners and is accessible to villagers at large and they
Patna High Court CR. MISC. No.90244 of 2025(2) dt.08-01-2026
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came to be implicated at the instance of local person but the
name of person who disclosed the name of the petitioners is not
disclosed in the FIR which casts an aspersion on the case of the
prosecution.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. 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 Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) 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
Saharsa P.S. Case No.1103/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.90244 of 2025(2) dt.08-01-2026
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confirmed with respect but if after verification it is found that
petitioners are persons with clean antecedent, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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