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Patna High Court

Amar Kumar @ Amarjeet SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Amar Kumar, sought anticipatory bail fearing arrest in a case 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 accusation was based solely on secret information, a pattern he claimed existed in his prior excise cases. The State opposed the bail, citing the seriousness of the offence. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 20,000 with two sureties and directed verification of his criminal antecedent within six weeks. It further stipulated that if more than four prior cases are found, the bail would be revoked, but if exactly four are confirmed, the provisional order would be made final.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged recovery of liquor and the manner of investigation justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • secret information
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13615 of 2026
                       Arising Out of PS. Case No.-5 Year-2026 Thana- KARTAHA District- Vaishali
                 ======================================================
                 Amar Kumar @ Amarjeet Singh S/o- Awdhesh Singh R/v- Thegadih Ps-
                 Kartahan Dist- VAishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Deepak Kumar Singh
                 For the Opposite Party/s :       Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026               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 four cases 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 he came to be implicated based on secret information which
Patna High Court CR. MISC. No.13615 of 2026(2) dt.12-03-2026
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          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. It is also

          submitted that petitioner earlier also came to be implicated in a

          similar manner 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. 20,000/- (Rupees

          Twenty 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 four

          cases then it would be presumed that petitioner, for the purposes of
              Patna High Court CR. MISC. No.13615 of 2026(2) dt.12-03-2026
                                                          3/3




                        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 four cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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