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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted, subject to verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 2.16 litres of liquor from a public bush behind a hotel. He argued he had no possession, a clean antecedent, and that the complaint was based on the testimony of a watchman (chowkidar) with whom he had an inimical relationship, raising doubts about the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond and two sureties, directing the trial court to verify the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The decision hinged on the principles of Section 482(2) of the BNSS and the lack of direct possession evidence.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act where the accused claims no possession and a clean antecedent?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • possession
  • watchman testimony
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90922 of 2025
                       Arising Out of PS. Case No.-619 Year-2025 Thana- CHANDI District- Nalanda
                 ======================================================
                 Rahul Kumar S/o Late Rajkumar Saw Resident of Village - Madhopur, P.S -
                 Chandi, District - Nalanda at Biharsharif

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Shanker Pankaj, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Rabindra Kumar.

                                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 is a person with clean antecedent and allegation is of

                   recovery of 2.16 liters of liquor from a bush behind a hotel.

                                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 public at large and he came to be implicated

                   at the instance of Chowkidar with whom he is on an inimical
Patna High Court CR. MISC. No.90922 of 2025(2) dt.12-01-2026
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          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.

          500/- (Rupees Five Hundred) 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 even

          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.90922 of 2025(2) dt.12-01-2026
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                      anticipatory bail order shall not be confirmed, but after

                      verification if 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)
Rishabh/-

U      T


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