Patna High Court
Akhilesh Kumar @ Fujju @ FujjiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bonds, sureties, and verification of antecedents, with confirmation contingent on the outcome of that verification.
Summary
The petitioners, Akhilesh Kumar and Guddu Yadav, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 80 litres of liquor. They argued that no liquor was found in their possession, the alleged recovery occurred at a location not belonging to them, and the informant (chowkidar) did not report the matter earlier, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering these submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 each with two sureties, subject to verification of their criminal antecedents and compliance with conditions under Section 482(2) of the CrPC. The order stipulated that if verification reveals additional antecedents, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the accused claim lack of possession and questionable informant conduct.
- Whether the trial court must verify the criminal antecedents of the petitioners before confirming the provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal antecedent
- Section 482
- provisional bail
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1395 of 2026
Arising Out of PS. Case No.-750 Year-2025 Thana- MASAUDHI District- Patna
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1. Akhilesh Kumar @ Fujju @ Fujji S/O Sitab Yadav R/O Village- Badaroi,
Ghorahuwari, P.S- Lahsuna (Masaurhi), Distt.- Patna.
2. Guddu Yadav @ Guddu Kumar S/O Siwrat Yadav R/O Village- Badaroi,
Ghorahuwari, P.S- Lahsuna (Masaurhi), Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anupam Bahadur, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of one case under the Excise Act
and petitioner no.2 is a person with clean antecedent and
allegation is of recovery of 80 litres of liquor from two sacks. It
is next submitted that petitioners were not arrested from the
spot, as such, nothing was recovered from their conscious
possession and even alleged recovery is from a place which
Patna High Court CR. MISC. No.1395 of 2026(2) dt.21-01-2026
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does not belong to the petitioners and they came to be
implicated at the instance of Chowkidar but then it is submitted
that if Chowkidar was aware of the involvement of the
petitoners 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.5,000/- (Rupees Five Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Special Judge, Excise-III, Patna in connection with Lahsuna
(Masaurhi) P.S. Case No.750 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 petitioners shall verify
the criminal antecedent of the petitioners and in the event, if it is
Patna High Court CR. MISC. No.1395 of 2026(2) dt.21-01-2026
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found that petitioner no.1 has antecedent of more than one case
and petitioner no.2 has antecedent of even one case, then it
would be presumed that petitioners for the purposes of obtaining
anticipatory bail had concealed their 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 no.1 has antecedent of only one case and
petitioner no.2 is a person with clean antecedent, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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