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Patna High Court

Vivek KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of antecedent.

Summary

Vivek Kumar applied for anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 165.150 litres of liquor from a rented room belonging to Shivnath Sah. The petitioner asserted that he has a clean antecedent, was not in possession of the liquor, and had vacated the premises well before the alleged incident. The State opposed the bail, arguing that the offence is non‑bailable. The Court considered the petitioner's clean record, lack of direct possession, and the nature of the allegation, and granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of his antecedent by the trial court. The order conditions that if any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91979 of 2025
                   Arising Out of PS. Case No.-21 Year-2025 Thana- PATRAKARNAGAR District- Patna
                 ======================================================
                 Vivek Kumar son of Rabindra Yadav Resident of Village - Bulakibigha PS –
                 Jehanabad, District - Jehanabad
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Rahul Ranjan Kumar, Advocate
                 For the Opposite Party/s :     Ms. Sucheta Yadav, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   30-03-2026                  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, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 165.150 litres of liquor from a rented room of the

                   house of Shivnath Sah.

                                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 room which does not belong to the petitioner

                   and petitioner was not a tenant in the said house, rather had left

                   the house much earlier but then came to be implicated based on
Patna High Court CR. MISC. No.91979 of 2025(3) dt.30-03-2026
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          the secret information which is the easiest way to implicate

          someone without holding a proper investigation of the case,

          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 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 Patrakar Nagar P.S. Case No. 21 of 2025,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, 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
           Patna High Court CR. MISC. No.91979 of 2025(3) dt.30-03-2026
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                     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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