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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of his antecedent under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Rahul Kumar, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act for allegedly recovering 110 litres of liquor from a vehicle. He argued that he had no prior criminal record, was not in possession of the liquor at the time of arrest, and was not the owner of the seized vehicle, contending that the complaint originated from a chowkidar without prior police notification. The State opposed the bail, asserting the seriousness of the offence. The High Court, considering the petitioner's clean antecedent and the lack of direct possession, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and verification of his criminal record under Section 482(2) of the B.N.S.S. The order stipulated that if any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
  • Whether the petitioner’s lack of possession and clean antecedent justify the grant of anticipatory bail.
  • What conditions may be imposed under Section 482(2) of the B.N.S.S. when granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Amendment Act
  • Section 482(2)
  • B.N.S.S.
  • clean antecedent
  • FIR
  • seizure of liquor
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90506 of 2025
                        Arising Out of PS. Case No.-124 Year-2025 Thana- Sarbahada District- Gaya
                 ======================================================
                 Rahul Kumar Son of Ganauri Yadav Resident of Village - Narauni, Police
                 Station - Sarbahda, District - Gaya Ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Syed Asgher Najmi, Advocate
                                                   Ms. Wajeeha Jafri, Advocate
                                                   Mr. Ashutosh Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Amendment Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 110 litres of liquor from a vehicle. It is next

                   submitted that petitioner was not arrested from the spot, as such,

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized vehicle and he came to be implicated at

                   the instance of Chowkidar but then it is submitted that if

                   Chowkidar was aware of the involvement of the petitioner in the
Patna High Court CR. MISC. No.90506 of 2025(2) dt.08-01-2026
                                            2/3




          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.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No.-2, Gaya Ji in connection with

          Sarbahda P.S. Case No.124 of 2025, subject to the conditions

          laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner 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 obtaining

          anticipatory bail had concealed his antecedent before this Court,
               Patna High Court CR. MISC. No.90506 of 2025(2) dt.08-01-2026
                                                           3/3




                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)

Sanjay/-

U          T


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