Patna High Court
Abhishek Kumar @ Lallu Kumar @ Lalu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to bail bond, sureties, and verification of his antecedent.
Summary
The petitioner, Abhishek Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 40 litres of liquor from a sack not in his possession. He asserted a clean criminal record and argued that the alleged contraband was recovered from a location unrelated to him and that the watchman (chawkidar) failed to inform police earlier, casting doubt on the prosecution's case. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in the context of alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s alleged lack of possession of the liquor and his clean antecedent justify the grant of bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- provisional bail
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91226 of 2025
Arising Out of PS. Case No.-445 Year-2025 Thana- AKBARPUR District- Nawada
======================================================
Abhishek Kumar @ Lallu Kumar @ Lalu Kumar S/O Jagan Yadav @ Ambika
Prasad @ Ambika Yadav R/O Village- Rahimpur, P.S- Akbarpur, Distt.-
Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hansraj, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
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 the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 40 litres of liquor from a sack.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and the petitioner has no concern with the sack in question. It is
further submitted that petitioner came to be implicated at the
Patna High Court CR. MISC. No.91226 of 2025(2) dt.12-01-2026
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instance of the Chawkidar but then it is submitted that if the
Chawkidar 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, when petitioner admittedly is a person
with clean antecedent.
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, let 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 Akbarpur
P.S. Case No. 445 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.91226 of 2025(2) dt.12-01-2026
3/3
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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