Upee Kumar @ Upendra Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Upee Kumar @ Upendra Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: release upon arrest or surrender within six weeks on bail bonds of Rs.500/- with two like sureties, subject to Section 438(2) Cr.P.C./482(2) B.N.S.S. conditions; confirmation by the Trial Court contingent on verification of clean criminal antecedents.

Issue for consideration

Whether the petitioner, who apprehends arrest in Excise P.S. Case No. 07 of 2025 registered for offences under Sections 30(a), 37 and 45 of the Bihar Prohibition and Excise Act, 2016, is entitled to anticipatory bail.

Court's answer

Petitioner to be released on provisional anticipatory bail in the event of arrest or surrender within six weeks, on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, to the satisfaction of the learned Trial Court/Successor Court in connection with Excise P.S. Case No. 07 of 2025, subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S.

Ratio / Principle

The learned Trial Court shall thereafter verify the criminal antecedent of the petitioner; if it is found that the petitioner has antecedent of even one case, it would be presumed that he concealed his antecedents before this Court and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If verification shows the petitioner to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Satyavrat Verma, J., oral order dated 12-03-2026) granted PROVISIONAL anticipatory bail to Upee Kumar @ Upendra Kumar in Excise P.S. Case No. 07 of 2025 (Nawada) under Sections 30(a), 37 and 45 of the Bihar Prohibition and Excise Act, 2016. Alleged recovery of 7 litres of liquor was from co-accused Ashok Chaudhary; petitioner, claiming clean antecedents, was said to have been implicated on Ashok Chaudhary's custodial confession and not arrested from the spot. Petitioner to be released on arrest or surrender within six weeks on bail bonds of Rs.500/- with two like sureties, subject to Section 438(2) Cr.P.C./482(2) B.N.S.S. conditions. Trial Court to verify antecedents: any antecedent found to be presumed concealment before this Court and non-confirmation of the provisional order; verified clean antecedent to result in confirmation forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13872 of 2026

Arising Out of PS. Case No.-7 Year-2025 Thana- Excise P.S. District- Nawada

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

Upee Kumar @ Upendra Kumar Son of Lalu Chaudhari R/o Vill. - Chamoth, Hatiyapar (Laund), P.S- Sirdala, Dist. - Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhilesh Kumar, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 12-03-2026

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 37 and 45 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 7 litres of liquor from possession of Ashok Chaudhary.

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 Ashok Chaudhary with whom petitioner has no concern or relation. It is further submitted that petitioner came to be implicated based on the confessional statement of Ashok

Patna High Court CR. MISC. No.13872 of 2026(2) dt.12-03-2026 2/3

Chaudhary in police custody which does not have any evidentiary value in the eye of law. It is next submitted that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 Excise P.S. Case No. 07 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.

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

Patna High Court CR. MISC. No.13872 of 2026(2) dt.12-03-2026 3/3

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/-

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