Patna High Court
Pravesh Kumar @ Ram Pravesh Rai @ Ram Prabesh RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pravesh Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 30 litres of liquor from a public place near Katra Baradari. He argued that he was not apprehended at the spot, no liquor was found in his possession, and the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed the bail, citing the petitioner’s prior four excise cases. The Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.20,000 bail bond with two sureties, subject to verification of the petitioner’s criminal antecedent. It directed that if more than four prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in an excise case where the alleged contravention occurred in a public place and no possession is established.
- Whether the petitioner’s prior criminal antecedent of four excise cases precludes the grant of anticipatory bail.
- Whether the conditions prescribed under Section 482(2) of the BNSS are satisfied for granting anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- public place
- criminal antecedent
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13999 of 2026
Arising Out of PS. Case No.-642 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Pravesh Kumar @ Ram Pravesh Rai @ Ram Prabesh Rai Son of Kishor Ray
R/V- Katra Baradari, P.S.- Bhagwan Bazar, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, 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 four cases under the Excise Act and
allegation is of recovery of 30 liters of liquor from a place near
Katra Baradari road.
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
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
Patna High Court CR. MISC. No.13999 of 2026(2) dt.12-03-2026
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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. 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.
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
Bhagwan Bazar P.S. Case No. 642 of 2025 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
Patna High Court CR. MISC. No.13999 of 2026(2) dt.12-03-2026
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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 four cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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