Created by Fuzzy Cloud

Patna High Court

Ujjawal Kumar @ Amir Choudhary @ AmarnathversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Ujjawal Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 39 litres of liquor from a bush near Rajendra Sah's house. He argued that no liquor was seized from his possession, the recovery site did not belong to him, and the FIR lacked disclosure of the informant, suggesting reliance on secret information. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If the petitioner is found to have more than five prior cases, the bail would not be confirmed; if only five, the provisional order would be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the lack of seizure from the petitioner’s possession and the undisclosed informant affect the bail decision.
  • Whether the petitioner’s criminal antecedent (more than five prior cases) should preclude confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • Section 30(a)
  • criminal antecedent
  • Section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13945 of 2026
                   Arising Out of PS. Case No.-584 Year-2020 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
                 Ujjawal Kumar @ Amir Choudhary @ Amarnath S/O Ram Kumar
                 Choudhary R/O Village- Kharauna Jairam, P.s.- Kurhani, Dist.- Muzaffarpur.
                 as per FIR R/O Village- Mohammadpur Patahi, P.s.- Sadar, Dist.-
                 Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :     Mr. Arun Kumar, APP
                 ======================================================
                 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

                   petitioner has antecedent of five cases out of which four cases

                   are under the Excise Act and allegation is of recovery of 39

                   liters of liquor from a bush near the house of Rajendra Sah.

                                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 even alleged
Patna High Court CR. MISC. No.13945 of 2026(2) dt.12-03-2026
                                            2/3




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

          and he has no concern or relation with Rajendra and he came to

          be implicated at the instance of local person, but then the name

          of the person who disclosed the name of the petitioner is not

          disclosed in the FIR which casts an aspersion on the case of the

          prosecution, when petitioner has not been implicated based on

          secret information. 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.

          25,000/- (Rupees Twenty 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 Muzaffarpur Sadar P.S. Case No. 584 of 2020 subject to
            Patna High Court CR. MISC. No.13945 of 2026(2) dt.12-03-2026
                                                        3/3




                      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 five 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 five

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.