Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
Vijay Kumar was arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly possessing 35.4 litres of liquor at his brother Sanjay Kumar’s house, which is a joint family property. The petitioner, who has a clean antecedent, argued that he was not in conscious possession and was implicated only because of his familial relationship. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bail bond and two sureties, directing the trial court to verify the petitioner’s antecedent before confirming the order. If any prior case is found, the bail will be cancelled; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 of the Criminal Procedure Code in a case of alleged liquor possession under the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the petitioner’s alleged lack of conscious possession and clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor possession
- joint family property
- clean antecedent
- Bihar Prohibition Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91364 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- BIRPUR District- Supaul
======================================================
Vijay Kumar S/O Yogendra Mukhiya R/O Village - Ward No. 4, P.S.- Birpur,
District- Supaul (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawaz Shareef, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-01-2026 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 (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 35.4 litres of liquor from the house of Sanjay
Kumar.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated merely for the reason that
he is brother of Sanjay Kumar but then it is submitted that the
house in question is a joint family property, as such, it cannot be
Patna High Court CR. MISC. No.91364 of 2025(2) dt.16-01-2026
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alleged with certainty that it was the petitioner who had kept the
liquor in the house or the liquor kept in the house was within his
knowledge. It is next submitted that petitioner came to be
implicated at the instance of the Chawkidar with home
petitioner is on an inimical term. It is also 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 the
institution of the instant FIR which casts an aspersion on the
case of the prosecution, more so, 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 Birpur
P.S. Case No. 88 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
Patna High Court CR. MISC. No.91364 of 2025(2) dt.16-01-2026
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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
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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