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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s antecedent, and stipulated that confirmation depends on the outcome of that verification.

Summary

Petitioner Pintu Kumar, who has four prior criminal cases (three under the Excise Act), sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 400 litres of liquor from a Tata Sumo vehicle. He contended that he was neither the owner nor the driver of the vehicle and that no liquor was found in his possession, arguing that the police had mechanically implicated him without proper investigation. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.20,000 with two sureties and directed verification of his criminal antecedent. If the verification shows more than four prior cases, the bail will not be confirmed; if exactly four, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act?
  • Whether the petitioner’s prior criminal antecedent (four cases) affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • bail conditions
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10777 of 2026
                           Arising Out of PS. Case No.-339 Year-2023 Thana- ATRI District- Gaya
                 ======================================================
                 Pintu Kumar Son of Karu Yadav @ Surendra Yadav @ Surendra Prasad
                 Resident of Village- Khabra, P.S.- Tankuppa, District- Gaya

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Sinha, Advocate
                                                   Ms. Anjali Kumari, Advocate
                 For the Opposite Party/s :        Ms. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026                   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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases out of which three cases

                   are under the excise act and allegation is of recovery of 400

                   liters of liquor from a Tata Sumo vehicle.

                                 4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is neither the

                   owner nor the driver of the seized vehicle and during the course
Patna High Court CR. MISC. No.10777 of 2026(2) dt.26-02-2026
                                            2/3




          of investigation he came to be implicated. It is also submitted

          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either at the instance

          of Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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.

          20,000/- (Rupees Twenty 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

          Atri P.S. Case No. 339 of 2023 subject to the conditions as laid

          down under Section 482 (2) of the BNSS.

                       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 four

          cases 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
            Patna High Court CR. MISC. No.10777 of 2026(2) dt.26-02-2026
                                                        3/3




                      confirmed, but after verification if it is found that petitioner has

                      antecedent of four cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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