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Patna High Court

Mirturanjan Kumar @ Mitranjan Yadav @ Mirturanjan @ Mirturanjan Kumar GopversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.1496 of 2026(2) dt.21-01-2026
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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
               Patna High Court CR. MISC. No.1496 of 2026(2) dt.21-01-2026
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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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