Patna High Court

Aditya Kumar @ Bambam KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court provisionally granted anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Aditya Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 100 ml of liquor was recovered from a house where he was a tenant, not the owner, and that no liquor was found in his possession. He contended that the police mechanically implicated him without proper investigation. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail on the condition of furnishing a Rs.5,000 bail bond with two sureties and directed the trial court to verify his criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one, it would be confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the police investigation was sufficient to justify arrest.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30
liquor possession
tenant
police procedure
Bihar Prohibition Act
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90932 of 2025
                 Arising Out of PS. Case No.-144 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
                 ======================================================
                 Aditya Kumar @ Bambam Kumar S/o- Vidyanand Singh Resident of Village-
                 Balahpur PS- Nayagawn District- Begusarai
                                                                      ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amar Kumar Singh
                 For the Opposite Party/s :      Mr. Ramesh Chandra
                 ======================================================
                 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.

                                2. The petitioner apprehends his arrest in a case

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

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of recovery

                   of 100 ml of liquor from house of one Dr. Umesh Kumar and Bam

                   Bam Singh (petitioner). It is next submitted that petitioner was not

                   arrested from the spot as such nothing was recovered from his

                   conscious possession and the house in question does not belong to

                   the petitioner rather petitioner is residing as a tenant but then

                   police in a mechanical manner implicated the petitioner at the

                   instance of local person without holding a proper investigation.

                                4. Learned A.P.P. for the State opposes the prayer for

                   anticipatory bail of the petitioner.
             Patna High Court CR. MISC. No.90932 of 2025(2) dt.12-01-2026
                                                         2/2




                                    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 from today, be released on provisional

                       anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees

                       five thousand) 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 Town P.S. Case

                       No.144/2025, subject to the conditions as laid down under Section

                       482(2) of the B.N.S.S.

                                    6. It is made clear that the learned trial court thereafter

                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of more than one

                       case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the provisional

                       anticipatory bail order shall not be confirmed but if on verification

                       it is found that petitioner has antecedent of one case, in that event

                       the provisional anticipatory bail order shall be confirmed

                       forthwith.



                                                               (Satyavrat Verma, J)
amit/-

U        T

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