Patna High Court
Biru Kumar @ Veeru KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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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