Patna High Court
Ankesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties and verification of criminal antecedents.
Summary
Ankesh Kumar and Angad Kumar sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, alleging that 200 litres of Jawa Mahua were recovered from a poultry farm adjacent to their premises. They argued that nothing was seized from their conscious possession and that the police were mechanically implicating them despite a prior criminal antecedent. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition that each petitioner furnish a bail bond of Rs.5,000 with two sureties, and that the trial court verify their criminal antecedents. If more than one antecedent case is found, the bail will not be confirmed; if only one antecedent case is found, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case under the Bihar Prohibition and Excise Act
- Whether the petitioners' criminal antecedents justify denial of anticipatory bail
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail bond
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12409 of 2026
Arising Out of PS. Case No.-362 Year-2025 Thana- KHAGARIA District- Khagaria
======================================================
1. Ankesh Kumar Son of Bindeshwari Singh @ Vindeswari Singh Resident of
Village- Khargi Tirsi, P.S.- Gangour, District- Khagaria
2. Angad Kumar @ Pamua Son of Bindeshwari Singh @ Vindeswari Singh
Resident of Village- Khargi Tirsi, P.S.- Gangour, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Singh
For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 30(a), 30(d)
of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case and allegation is of
recovery of 200 litres of Jawa Mahua from poultry farm of the
petitioners. It is next submitted that petitioners were not arrested
from the spot as such nothing was recovered from their
conscious possession. It is next submitted that no prudent person
would use his own premises for committing an occurrence and
Patna High Court CR. MISC. No.12409 of 2026(2) dt.27-02-2026
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thus would create evidence against himself and hence would get
implicated. It is also submitted that no doubt it is alleged that
Jawa Mahua was recovered from the poultry farm of the
petitioner but then the same was recovered from a place
adjacent to his poultry farm but since petitioners have
antecedent hence they came to be implicated. It is also
submitted that of late police in mechanical manner is
implicating accused in case relating to excise having criminal
antecedent for obvious reason.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) each 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
Khagaria P.S. Case No.362/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
Patna High Court CR. MISC. No.12409 of 2026(2) dt.27-02-2026
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thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
more than one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that
petitioners have antecedent of one case, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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