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Patna High Court

PRAVIN KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                                         3/3




                       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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