Patna High Court
Puni KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of his antecedent.
Summary
The petitioner, Puni Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 120 litres of liquor. He asserted that he has a clean antecedent, was not arrested at the scene, and that the alleged liquor was recovered from a place not belonging to him, implicating him due to an inimical relationship with the complainant watchman. The State opposed the anticipatory bail, arguing that the allegations warrant detention. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to the conditions of Section 438(2) CrPC. The order also stipulated verification of the petitioner’s criminal antecedent by the trial court, with confirmation of bail if he is found to have a clean record, and cancellation if any antecedent is discovered. The application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act
- Whether the petitioner’s alleged involvement and clean antecedent justify the grant of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- bail bond
- pre‑arrest bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12727 of 2026
Arising Out of PS. Case No.-497 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Puni Kumar Son of Sikander Sahani @ Sikandar Sahani Resident of Village-
Bheriyari, P.S.- Sugauli, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 120 litres of liquor from gallons.
4. The 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 alleged
recovery is from a place, which does not belong to the petitioner
and he came to be implicated at the instance of Chaukidar with
whom he is on an inimical term. It is further submitted that if
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Chaukidar was aware of the involvement of the petitioners in
the occurrence, then why he did not inform the police prior to
institution of the present F.I.R., which casts an aspersion on the
case of the prosecution. It is also submitted that it appears that
the Chaukidar in order to save the real culprit falsely implicated
the petitioner when admittedly petitioner is a person with clean
antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Sugauli P. S. Case No.497 of 2025, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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