Ritesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Ritesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each, upon arrest or surrender before the learned Trial Court within six weeks, subject to the conditions laid down under Section 482 (2) of the BNSS; confirmation subject to verification of clean criminal antecedents by the learned Trial Court; petitioner to deposit Rs. 1500/- with Advocates' Association, Patna High Court.

Issue for consideration

Whether the petitioner, apprehending arrest in Brahampur P.S. Case No. 490 of 2024 registered for offences under Sections 41, 30(a) and 37 of the Bihar Excise Act, is entitled to anticipatory bail.

Court's answer

Provisional anticipatory bail granted: in the event of arrest or surrender before the learned Trial Court within six weeks, the petitioner to be released on bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court, in connection with Brahampur P.S. Case No. 490 of 2024, subject to the conditions laid down under Section 482 (2) of the BNSS.

Ratio / Principle

Confirmation of the provisional anticipatory bail is conditional on the learned Trial Court verifying the petitioner's criminal antecedents: if even one case is found, it would be presumed that the petitioner concealed his antecedent and the provisional anticipatory bail order shall not be confirmed; if the petitioner is found to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Anticipatory bail — Bihar Excise Act, Sections 41, 30(a) and 37 — petitioner apprehending arrest in Brahampur P.S. Case No. 490 of 2024 (District Buxar); allegation of recovery of 4.800 liters of liquor from possession of co-accused Rahul and seizure of a motorcycle; petitioner contended he was not apprehended from the spot and was implicated only as owner of the seized vehicle. Held: provisional anticipatory bail granted — petitioner to be released on bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each upon arrest or surrender before the learned Trial Court within six weeks, subject to conditions under Section 482 (2) of the BNSS; learned Trial Court to verify criminal antecedents — provisional bail order not to be confirmed if even one case is found (concealment presumed), but to be confirmed forthwith if petitioner is found to have clean antecedents; petitioner to deposit Rs. 1500/- with Advocates' Association, Patna High Court. (Satyavrat Verma, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3227 of 2026

Arising Out of PS. Case No.-490 Year-2024 Thana- BRAHMPUR District- Buxar

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

Ritesh Kumar S/o- Shivnath Mahto R/v- Bagen Gola Ps- Brahampur DistBuxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Yadav For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 28-01-2026

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 41, 30(a) and 37 of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 4.800 liters of liquor from possession of Rahul and a motorcycle was seized.

Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use

Patna High Court CR. MISC. No.3227 of 2026(2) dt.28-01-2026 2/3

his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is also submitted that petitioner was completely unaware that Rahul would misuse the vehicle in the manner as alleged who was also apprehended from the spot.

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, 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 Brahampur P.S. Case No. 490 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his

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antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

At this stage, the learned counsel for the petitioner, based on instruction, undertakes to deposit an amount of Rs. 1500/- with Advocates’ Association, Patna High Court.

(Satyavrat Verma, J)

Rishabh/-

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