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Patna High Court

Akhilesh Kumar @ Fujju @ FujjiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                            2/3




          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
                                                           3/3




                         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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