Patna High Court
Birju KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail subject to bond, sureties and verification of his antecedent cases.
Summary
Petitioner Birju Kumar feared arrest in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, alleging that the alleged seizure of 600 litres of liquor and 6000 litres of fermented Jawa Mahua from the Ganga river was not in his possession and that the informant (a chowkidar) had no reason to implicate him. He argued that the police had mechanically implicated him without proper investigation. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.25,000 with two sureties and that the trial court verify his criminal antecedents. If more than five prior cases are found, the bail will not be confirmed; if exactly five, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- criminal antecedent
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12087 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- GANGABRIDGE District- Vaishali
======================================================
Birju Kumar S/o Late Biseshwar Ray @ Visheshwar Ray @ vishesar Rai R/o
village- Diwan toke, PS- Gangabridge, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 Sections 30(a),
30(c) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 600 litres of liquor from bank of
Ganga river along with 6000 litres of fermented Jawa Mahua
which was destroyed. 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 is accessible
to villagers at large and he came to be implicated at the instance
Patna High Court CR. MISC. No.12087 of 2026(2) dt.15-04-2026
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of chowkidar with whom he is on an inimical term. It is next
submitted that if chowkidar was aware of the involvement of the
petitioner in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution. 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.25,000/- (Rupees twenty 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 Ganga Bridge P.S.
Case No.173/2025, 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
Patna High Court CR. MISC. No.12087 of 2026(2) dt.15-04-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
five cases, in that event, it would be presumed that petitioner
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 five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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