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Patna High Court

Sujeet Kumar @ Sujeet Kumar Singh @ BrajeshversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that provisional anticipatory bail may be granted subject to bail bond and sureties, with subsequent verification of antecedent, under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Sujeet Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 5.94 litres of liquor near a middle school. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred in a public place, with the investigation based solely on secret information. The State opposed the bail, contending that the allegations warranted detention. The High Court, applying Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 and two sureties, subject to verification of the petitioner’s criminal antecedent. The Court directed that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of seizure from the petitioner’s possession and reliance on secret information justify granting bail.
  • Whether the petitioner’s prior criminal antecedent affects the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • section 30(a)
  • police investigation
  • bail conditions
  • CrPC Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13397 of 2026
                       Arising Out of PS. Case No.-5 Year-2026 Thana- KARTAHA District- Vaishali
                 ======================================================
                 Sujeet Kumar @ Sujeet Kumar Singh @ Brajesh S/o Ravindra Singh R/o
                 Village - Thegadih, P.S - Kartahan, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Deepak Kumar Singh, Adv
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh, 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 the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 5.94 litres of liquor from a place

                   near a middle school.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large. It is further submitted that he
Patna High Court CR. MISC. No.13397 of 2026(2) dt.10-03-2026
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          came to be implicated based on secret information which is the

          easiest way to implicate someone. It is further 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 Kartahan P.S. Case

          No. 5 of 2026, 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 antecedent before this
              Patna High Court CR. MISC. No.13397 of 2026(2) dt.10-03-2026
                                                          3/3




                        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 in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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