Allowed¶18

Subodh Kumar v. The State of Bihar

Anticipatory Bail – Bihar Excise Act

Patna HC3 Jul 2026CR. MISC./42227/2026

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Case brief

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What is this about?

Anticipatory bail; Section 30(a) Bihar Excise Act; 86 litres liquor recovery from third party's house; provisional anticipatory bail Rs. 5,000/- plus two sureties; Section 482(2) BNSS conditions; antecedent verification; concealment presumption; Patna High Court; CRL.MISC. No.42227 of 2026; decided 03-07-2026 by Satyavrat Verma, J; Purnia.

What did the court decide?

Provisional anticipatory bail on arrest or surrender within six weeks, on bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions and confirmation after verification of antecedents. ¶18

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

What the court decided

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Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Sadar P.S. Case No. 268 of 2025 registered under Section 30(a) of the Bihar Excise Act, is entitled to anticipatory bail.

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Court's answer

In the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- with two sureties of the like amount each, to the satisfaction of the learned trial court where the case is pending, subject to conditions under Section 482(2) of the BNSS.

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Ratio / Principle

The learned Trial Court shall verify the petitioner's criminal antecedents; if more than one case is found, it will be presumed the petitioner concealed his antecedents before this Court and the provisional anticipatory bail order shall not be confirmed; if only one case is found, the provisional anticipatory bail order shall be confirmed forthwith.

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Detailed headnote1 paragraphs

Anticipatory Bail - Bihar Excise Act - Petitioner apprehended arrest in Sadar P.S. Case No. 268 of 2025 (Purnea Sadar, District Purnia) for offences punishable under Section 30(a) of the Bihar Excise Act; allegation of recovery of 86 litres of liquor from the house of one Golu, which the petitioner disowns. Held: release on Provisional anticipatory bail upon arrest or surrender within six weeks on personal bond of Rs. 5,000/- with two like sureties, subject to conditions under Section 482(2) of the BNSS; confirmation conditioned on Trial Court verification of antecedents - if more than one antecedent case is found, concealment is presumed and the provisional order shall not be confirmed; if only one case, confirmation follows forthwith. (Satyavrat Verma, J)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42227 of 2026

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Arising Out of PS. Case No.-268 Year-2025 Thana- PURNEA SADAR District- Purnia

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

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Subodh Kumar S/o Makhan Das @ Makkhan Das R/o Village - (Belouri), Gudri Tala Belouri, P.S - Sadar Thana, District - Purnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sumit Kumar Bhagat For the Opposite Party/s : Ms.Asha Devi ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 03-07-2026

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1. Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 86 litres of liquor from the house of Golu.

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4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a house which does not belong to the petitioner and petitioner has no concern or relation with Golu and he came to be implicated based on confessional statement of Vishal in police custody which does not have any evidentiary value.

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Patna High Court CR. MISC. No.42227 of 2026(2) dt.03-07-2026 2/2

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

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6. 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. 5,000/- (Rupees Five Thousand) 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 Sadar P.S. Case No. 268 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

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7. 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 more than one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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Sumit/-

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U T

Subodh Kumar v. The State of Bihar

Case brief

What is this about?

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Subodh Kumar v. The State of Bihar

Case brief

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