Patna High Court
Anil kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is allowed, granting provisional bail subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Anil Kumar, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, alleging that the alleged recovery of liquor was from a field not belonging to him and that he was implicated by an inimical chowkidar without proper investigation. The petitioner had two prior cases under the Excise Act, and argued that no liquor was found in his possession at the time of arrest. The State opposed the anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and conditioned the order on verification of the petitioner’s criminal antecedents under Section 482(2) of the CrPC. The court directed that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the petitioner’s antecedent record disqualifies him from obtaining anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- provisional bail
- criminal antecedent
- High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13014 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- Dehri Mufassil District- Rohtas
======================================================
Anil kumar Son of Gupteshwar Singh Resident of Mohalla-ward no-
2,Chakiya Tola P.S-Dehri, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
allegation is of recovery of 19.6 litres of liquor from a field. 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 he came to be implicated at the instance of
Chowkidar with whom he is on an inimical term. It is also
submitted that once an accused is implicated in a case relating to
Patna High Court CR. MISC. No.13014 of 2026(2) dt.10-03-2026
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excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge, Excise Court No.1, Rohtas at Sasaram in
connection with Dehri (M) P.S. Case No.02 of 2026, subject to
the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
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this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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