Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted conditionally, subject to verification of the petitioner’s antecedents and compliance with Section 482(2) of the B.N.S.S.
Summary
The petitioner, Suraj Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 120 litres of liquor were allegedly recovered from a thatched house not owned by him. He argued that he was not arrested at the spot, no liquor was found in his possession, and the informant’s name was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedents. If more than two prior cases are found, the bail would not be confirmed; if exactly two, it would be confirmed forthwith. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances.
- Whether the absence of seizure from the accused’s possession and the non‑disclosure of the informant affect the grant of bail.
- Whether the court may condition anticipatory bail on verification of the accused’s criminal antecedents.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedent
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10351 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- SULTANGANJ District- Patna
======================================================
Suraj Kumar Son of Late Gulab Sao Resident of Village - Shivpar Tikiya Toli,
Police Station - Sultanganj and District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 120 litres of liquor from a thatched
house. It is next submitted that petitioner was not arrested from
the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner and he came to be implicated at
the instance of local person but then it is submitted that the
name of the person who disclosed the name of the petitioner is
Patna High Court CR. MISC. No.10351 of 2026(3) dt.16-03-2026
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not disclosed in the FIR which casts an aspersion on the case of
the prosecution, when petitioner has not been implicated based
on secret information. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.10,000/- (Rupees ten 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 Sultanganj P.S. Case No.10/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
Patna High Court CR. MISC. No.10351 of 2026(3) dt.16-03-2026
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had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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