Patna High Court

Anshu KumarversusThe State of Bihar

Decided: 9 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Anshu Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 40 litres of liquor near the Banas River. He argued that the liquor was not in his conscious possession, the location was public, and he had only one prior excise case. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order is subject to Section 482(2) of the BNSS and pending verification by the trial court.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30(a)
bail conditions
criminal antecedent
public place
liquor recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12831 of 2026
                     Arising Out of PS. Case No.-173 Year-2025 Thana- SIKARHATTA District- Bhojpur
                 ======================================================
                 Anshu Kumar S/o Ram Bihari Singh Resident of Village- Sikhratha Kala,
                 Bhrosi Tola, P.S.- Sikhratha, District- Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the excise act and

                   allegation is of recovery of 40 liters of liquor from a sack near

                   near Banas river.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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 public at large and he came to be implicated
Patna High Court CR. MISC. No.12831 of 2026(2) dt.09-03-2026
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          at the instance of Chowkidar. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       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, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees 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 Sikhratha

          P.S. Case No. 173 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.12831 of 2026(2) dt.09-03-2026
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                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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