Patna High Court
Rambabu Kumar @ Rambabu MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted in the absence of arrest and possession, subject to a bail bond, sureties, and verification of the accused’s criminal antecedents.
Summary
Rambabu Kumar petitioned for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act, alleging that 81 litres of liquor were recovered from a litchi orchard behind a cowshed that does not belong to him and that he was not arrested at the spot. The petitioner claimed that the allegation was based solely on secret information and that no liquor was found in his conscious possession. The State opposed the bail, arguing the seriousness of the offence. The Court noted the absence of arrest, lack of possession, and the petitioner’s claim of being implicated through unreliable information, and therefore granted provisional anticipatory bail subject to a bond of Rs 10,000 and two sureties, with verification of his criminal antecedents. The order further stipulated that if the petitioner is found to have more than two prior cases, the bail would not be confirmed; otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case under Section 30(a) of the Excise Act where the accused was not arrested and no possession was found.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Criminal Procedure Code
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13136 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Rambabu Kumar @ Rambabu Mukhiya S/O Jyotik Mukhiya R/O Village-
Basantpur, P.S- Kundwachainpur, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Braj Kishore Pd.(APP)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 has antecedent of two cases out of which one case
is under the Excise Act and allegation is of recovery of 81 litres
of liquor from a litchi orchard situated behind cowshed of the
petitioner.
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
Patna High Court CR. MISC. No.13136 of 2026(2) dt.10-03-2026
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recovery is from a place, which does not belong to the petitioner
and he came to be implicated based on secret information,
which is the easiest way to implicate someone. It is next
submitted that police in majority of cases implicating innocent
persons either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation.
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.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 Kundwachainpur P. S. Case No.317 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
Patna High Court CR. MISC. No.13136 of 2026(2) dt.10-03-2026
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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
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 antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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