Patna High Court
Mirturanjan Kumar @ Mitranjan Yadav @ Mirturanjan @ Mirturanjan Kumar GopversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail should be granted conditionally, subject to verification of the petitioners' antecedents.
Summary
The petitioners, five residents of Parsan Bigha, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Sections 30(a) and 36 of the Excise Act concerning the alleged recovery of 20 litres of liquor from two gallons. They argued that they have no prior criminal record, that the liquor was not found in their possession, and that the alleged recovery took place at a location not belonging to them, with the informant’s name omitted from the FIR. The State opposed the bail. The Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their antecedents. It further stipulated that if any criminal antecedent is discovered, the bail would be cancelled; otherwise, the provisional order would be confirmed. The application for anticipatory bail was therefore allowed conditionally.
Issues considered
- Whether anticipatory bail under Section 438 CrPC is appropriate in the present case.
- Whether the absence of possession and a clean antecedent justify granting anticipatory bail.
- Whether the prosecution’s failure to name the informant in the FIR undermines the case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 36
Subjects
- anticipatory bail
- Section 438
- Excise Act
- clean antecedent
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1496 of 2026
Arising Out of PS. Case No.-515 Year-2022 Thana- GAURICHAK District- Patna
======================================================
1. Mirturanjan Kumar @ Mitranjan Yadav @ Mirturanjan @ Mirturanjan
Kumar Gop Son of Naththu Gop @ Nathun Gop Resident of Village- Parsan
Bigha, P.S.-Sahjahanpur, District- Patna
2. Parshuram Jamadar @ Parshuram Bind Son of Jogeshwar Bind. Resident of
Village- Parsan Bigha, P.S.- Sahjahanpur, District- Patna
3. Parmeshwar Bind Son of Late Dahu Bind Resident of Village- Parsan Bigha,
P.S.- Sahjahanpur, District- Patna
4. Nageshwar Bind Son of Parmeshwar Bind Resident of Village- Parsan
Bigha, P.S.- Sahjahanpur, District- Patna
5. Awdhesh Bind Son of Rajan Bind Resident of Village- Parsan Bigha, P.S.-
Sahjahanpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a) and 36 of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 20 litres of liquor from two gallons.
4. The learned counsel for the petitioners submits that
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petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and they have no
concern with the gallons and even alleged recovery is from a
place, which does not belong to the petitioners and is accessible
to villagers at large and they came to be implicated at the
instance of local person, but the name of the person, who
disclosed the name of the petitioners is not disclosed in the
F.I.R., which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. 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, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each 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 Gaurichak P. S. Case No.515 of 2022, subject
to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
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accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have 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 petitioners are persons with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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