Vijay Kumar @ Baiju Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Vijay Kumar @ Baiju Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail: release on arrest or surrender before the learned District Court within four weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Court of Excise, Patna City/successor court, subject to Section 482(2) BNSS conditions; order lapses automatically if the petitioner is found involved in other cases.

Issue for consideration

Whether the petitioner is entitled to pre-arrest bail in connection with Agamkuan P.S. Case No.46 of 2025, registered for offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act (alleged recovery of 20 litres of country-made liquor from a straw house).

Court's answer

Petitioner directed to be released on pre-arrest bail in the event of his arrest or surrender before the learned District Court within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Court of Excise, Patna City/successor court, subject to the conditions under Section 482(2) of the BNSS.

Ratio / Principle

The District Court is to verify the petitioner's criminal antecedents; if the petitioner is found involved in other cases as stated in Para 3 of the bail petition, the pre-arrest bail order will automatically lose its force.

Detailed headnote1 paragraphs

Patna High Court (Purnendu Singh, J.), 05-05-2025 — Pre-arrest bail granted. In CR. MISC. No.25026 of 2025, arising out of Agamkuan P.S. Case No.46 of 2025 (offence under Sections 30(a) of the Bihar Prohibition & Excise Act; FIR alleges recovery of 20 ltrs. of country-made liquor from a straw house, which the petitioner disclaims), the Court, having considered the rival submissions and the nature of the allegation, directed that Vijay Kumar @ Baiju Kumar be released on pre-arrest bail in the event of his arrest or surrender before the learned District Court within four weeks, on a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Court of Excise, Patna City/successor court, subject to the conditions under Section 482(2) of the BNSS. The District Court was directed to verify the petitioner's criminal antecedents; the order automatically loses its force if he is found involved in other cases as stated in Para 3 of the bail petition.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25026 of 2025

Arising Out of PS. Case No.-46 Year-2025 Thana- AGAMKUAN District- Patna

======================================================

Vijay Kumar @ Baiju Kumar S/o Bhushan Mahato @ Bhushan Kumar R/o Bari Pahari Ward No.56, Panchayat Bhawan, PS- Agamkuan, Dist- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Kumar, Advocate For the Opposite Party/s : Mr.Satyendra Prasad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 05-05-2025

Heard Mr. Rajeev Kumar, learned counsel appearing

on behalf of the petitioner and Mr. Satyendra Prasad, learned APP for the State.

Petitioner seeks pre-arrest bail in connection with Agamkua P.S.Case No.46 of 2025, registered for the offences punishable under Sections 30(a) oF Bihar Prohibition & Excise Act.

As per the allegation made in the FIR, total 20 ltrs. of country-made liquor was recovered from the Straw House.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has been falsely implicated in the present case. Petitioner has no concern either with the seized liquor or trade of liquor in any manner, which is prohibited in the State of Bihar. The seized

Patna High Court CR. MISC. No.25026 of 2025(2) dt.05-05-2025 2/2

liquor has been recovered from a straw house, which does not belong to the petitioner.

Learned APP for the State has vehemently opposed

the prayer for grant of pre-arrest bail.

Having considered the rival submissions made on behalf of the petitioner and considering the nature of allegation made against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna City/successor court in connection with Agamkuan P.S.Case No.46 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

(Purnendu Singh, J)

chn/- U T