Patna High Court
Premsagar Kumar @ Prem Sagar Kumar@ Premsagar Kumar MaliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Premsagar Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 468 litres of liquor near the Gandak river. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery site does not belong to him, contending that the investigation was mechanically based on secret information. The petitioner, who has five prior cases under the Excise Act, sought anticipatory bail. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bail bond of Rs.25,000 with two sureties and directed the trial court to verify his criminal antecedents, stating that if more than five prior cases are found, the bail will not be confirmed, whereas if exactly five are found, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner’s prior criminal antecedents warrant denial of bail.
- Whether the evidence of alleged liquor recovery is sufficient to justify arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 30
- Bihar Prohibition and Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12687 of 2026
Arising Out of PS. Case No.-358 Year-2025 Thana- BAGHA District- West Champaran
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Premsagar Kumar @ Prem Sagar Kumar@ Premsagar Kumar Mali S/O
Kailash Bhagat @ Kailash Mali R/O Village-Ward No. 7, Chakhani Rajwatia,
P.S- Bagaha, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 468 litres of liquor from a place near
Gandak river. 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 based on secret
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information which is the easiest way to implicate someone. 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. It
is also submitted that earlier also the petitioner came to be
implicated in a similar manner.
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 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.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
Bagaha P.S. Case No.358/2025, 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
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
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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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