Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail may be granted where the petitioner is not in police custody, no possession is established, and subject to verification of antecedents, under Section 482(2) CrPC.
Summary
The petitioner, Deepak Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 190.08 litres of liquor, though he was not arrested at the spot and no liquor was found in his possession. He contended that the case was based on secret information and that the police had not conducted a proper investigation. The State opposed his anticipatory bail application. The High Court, considering the lack of arrest, absence of possession, and the procedural deficiencies, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents and compliance with Section 482(2) of the CrPC. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s alleged involvement under Section 30(a) of the Bihar Prohibition and Excise Act warrants immediate arrest
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for provisional anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- Bihar Prohibition and Excise Act
- CrPC Section 482
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1364 of 2026
Arising Out of PS. Case No.-622 Year-2025 Thana- GARDANIBAG District- Patna
======================================================
Deepak Kumar Son of Naresh Prasad Ram R/O- Modan Tola Mokama, P.S.-
Mokama, Distt- Patna. P/A- chitkohra, Ps- Gardanibagh, Dist- patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Jiban Pd. Singh, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
allegation is of recovery of 190.08 litres of liquor from Road
No.37. It is next submitted that petitioner was not arrested 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 is accessible to public at
large and he came to be implicated based on secret information
which is the easiest way to implicate someone. It is also
Patna High Court CR. MISC. No.1364 of 2026(2) dt.21-01-2026
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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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Special Judge
Bihar Prohibition and Excise-1st, Patna in connection with
Gardanibagh P.S. Case No.622 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than two cases,
then it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.1364 of 2026(2) dt.21-01-2026
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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 antecedents of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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