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Patna High Court

Biru Kumar @ Veeru KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail is denied to the petitioner.

Summary

The petitioner, Biru Kumar, sought anticipatory bail after learning that he may be arrested in connection with a case involving 220 litres of illicit liquor recovered under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case is based on the recovery of liquor, part of which was found in the bag of a co‑accused, and the petitioner’s name was disclosed by that co‑accused. The petitioner argued that he had no involvement, that the case against him was not prima facie, and that the State had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, highlighting the petitioner’s six prior convictions of a similar nature. The Court, after considering the antecedents and the lack of a prima facie case, declined to grant anticipatory bail, but directed that regular bail could be considered if the petitioner surrenders within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite his six prior convictions
  • Whether the prosecution has made a prima facie case against the petitioner
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • criminal antecedent
  • liquor seizure
  • Section 30(a)
  • Section 103
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90982 of 2025
                      Arising Out of PS. Case No.-531 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Biru Kumar @ Veeru Kumar S/O Hoti Rai Resident of Village- Purvi
                 Nandgola, P.S- Malsalami, Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Prasad Singh, Advocate
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Malsalami PS Case No. 531 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that total 220

                   liters of liquor was recovered, out of which 105 liters liquor

                   recovered from co-accused bag.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by apprehended co-accused. The petitioner has
Patna High Court CR. MISC. No.90982 of 2025(2) dt.19-01-2026
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          got no concern with the alleged recovery of liquor. The

          petitioner has six criminal antecedent. There is no compliance of

          Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

          Learned counsel for the petitioner, therefore, contends that

          prima-facie no case is made out against the petitioner. Other co-

          accused has been granted bail by this Court vide order dated

          24.11.2025, passed in Cr. Misc. No. 78988 of 2025.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner. It is submitted that

          petitioner bears six criminal antecedent/s, that too of the similar

          nature, hence, petitioner does not deserve the privilege of

          anticipatory bail.

                  6.      Considering the aforesaid facts and circumstances

          of the case and specifically taking into account the fact that

          petitioner bears six criminal antecedent/s, that too of the similar

          nature, this Court is not inclined to grant anticipatory bail to the

          petitioner. Prayer for grant of anticipatory bail to the petitioner

          is hereby rejected.

                  7.      However, if the petitioner surrenders before the

          court below within a period of four weeks from today and prays

          for regular bail, the same would be considered by the court

          below in accordance with law without being prejudiced by the
           Patna High Court CR. MISC. No.90982 of 2025(2) dt.19-01-2026
                                                       3/3




                     order of this Court.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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