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Patna High Court

Rupam Anand @ Rocky @ Rup AnandversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to a bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on the antecedent not exceeding ten cases.

Summary

The petitioner, Rupam Anand, sought anticipatory bail fearing arrest in a case under Sections 30(a), 41(1), 31(1) and 32(2) of the Bihar Excise Act for alleged recovery of 3062.52 litres of liquor from two Scorpio vehicles. He contended that he was not caught in possession, was not the owner of the vehicles, and was implicated only on the testimony of a chowkidar, raising doubts about the prosecution's case. The State opposed the bail, highlighting the petitioner's antecedent of ten prior excise cases. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 50,000 with two sureties and directed verification of the petitioner's criminal antecedent. The order stipulated that if the antecedent exceeds ten cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Excise Act where the petitioner has ten prior excise cases.
  • Whether the petitioner’s alleged lack of possession and ownership of the seized vehicles justifies bail.
  • Whether the High Court may condition anticipatory bail on verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13474 of 2026
                     Arising Out of PS. Case No.-283 Year-2025 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Rupam Anand @ Rocky @ Rup Anand S/O Atul Kumar Das @ Atul Das R/O
                 Mohalla- Pandaul Bazar, P.S- Pandaul, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  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 Sections 30(a),

                   41(1), 31(1) and 32(2) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of ten cases under the Excise Act and

                   allegation is of recovery of 3062.52 liters of liquor from two

                   Scorpio vehicles.

                                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 is not the

                   owner of any of the seized vehicles and he came to be

                   implicated at the instance of Chowkidar with whom he is on an
Patna High Court CR. MISC. No.13474 of 2026(2) dt.15-04-2026
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          inimical term. It is also 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

          further submitted that petitioner in similar manner earlier also

          came to be implicated in cases relating to excise.

                       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.

          50000/- (Rupees Fifty 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 Pandaul

          P.S. Case No. 283 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 ten cases then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.13474 of 2026(2) dt.15-04-2026
                                                        3/3




                      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 ten

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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