Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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
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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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