Patna High Court
Anuj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with the stipulated bond and surety conditions.
Summary
The petitioner, Anuj Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering nine litres of liquor from a bush behind a hut belonging to another person. He argued that he was not apprehended at the scene, no liquor was found in his possession, and the complaint originated from a chowkidar whose prior knowledge was questionable. The petitioner, who has two prior excise cases, sought anticipatory bail, contending that the investigation was mechanically driven without proper inquiry. The State opposed the bail. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents, stating that if more than two prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13192 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- MEHSI District- East Champaran
======================================================
Anuj Kumar Son of Ganesh Prasad @ Ganesh Kushwaha Resident of Village
- Kankatti, Kothia Hariram, Ps- Mehsi, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 two cases under the Excise Act and
allegation is of recovery of 9 liters of liquor from a bush behind
the hut of Santosh.
4. Learned counsel for the petitioner submits that the
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 he came to be implicated at the instance of Chowkidar, but
Patna High Court CR. MISC. No.13192 of 2026(2) dt.10-03-2026
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then it is submitted that if Chowkidar was aware of the
involvement of the petitioner in the occurrence then why he did
not inform the police prior to institution of the instant FIR
which casts an aspersion on the case of the prosecution. 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.
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 Mehsi
P.S. Case No. 302 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
Patna High Court CR. MISC. No.13192 of 2026(2) dt.10-03-2026
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Court 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 seeking anticipatory bail, had concealed his
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 two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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