Patna High Court
Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
Sudhir Kumar petitioned for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 51.75 litres of liquor from a public bush. He argued that he was not caught in possession, that the liquor was not on his property, and that the police relied on secret information without proper investigation, despite his having a prior excise case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of his criminal antecedent; if more than one prior case is found, the bail will not be confirmed, but if only one prior case exists, the provisional bail will be confirmed. The court exercised its inherent powers under Section 482(2) of the CrPC to issue the order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged recovery of liquor without possession justifies denial of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- police investigation
- bail conditions
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14692 of 2026
Arising Out of PS. Case No.-601 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Sudhir Kumar Son of Kailash Yadav Resident of Village- Dhab, P.S.- Rajouli,
District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 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
inadvertently at Para-3 it has been pleaded that petitioner is a
person with clean antecedent when petitioner has antecedent of
one case under the Excise Act as recorded in the order
impugned. It is next submitted that allegation is of recovery of
51.75 liters of liquor from a bush.
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.14692 of 2026(2) dt.13-03-2026
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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 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.
5,000/- (Rupees 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 Rajouli
P.S. Case No. 601 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
Patna High Court CR. MISC. No.14692 of 2026(2) dt.13-03-2026
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in the event if it is found that petitioner has antecedent of more
than one case 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 one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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