Patna High Court
Anuj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
Anuj Kumar applied for anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, concerning alleged recovery of 1,205.640 litres of liquor from a field belonging to Ramakant Bhagat. The petitioner argued that he was not in possession of the liquor, had no connection to the field, and that the complaint was based solely on the testimony of a hostile watchman, without proper investigation. The State opposed the bail, citing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and mandated verification of the petitioner’s criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if only two are found, the bail will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the alleged recovery of liquor and the petitioner’s alleged involvement justify denial of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- criminal antecedent
- Bihar Prohibition Act
- Cr.P.C. Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12640 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- MEHSI District- East Champaran
======================================================
Anuj Kumar S/o Ganesh Prasad R/o Kankatti, Kothia Hariram, P.S. - Mehsi,
Distt. - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 1205.640 litres of liquor from the
field of Ramakant Bhagat.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and petitioner has no
concern or relation with Ramakant Bhagat but then he came to
Patna High Court CR. MISC. No.12640 of 2026(2) dt.09-03-2026
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be implicated at the instance of the Chawkidar with whom he is
on an inimical term. It is further submitted that if the Chawkidar
was aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to the institution of
the instant FIR which casts an aspersion on the case of the
prosecution. It is next submitted that once an accused is
implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, secret information or confessional
statement without holding a proper investigation of the case.
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, let 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 Mehsi P.S. Case No. 306 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the BNSS.
Patna High Court CR. MISC. No.12640 of 2026(2) dt.09-03-2026
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7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than two cases,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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