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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application conditionally, subject to bond, sureties and verification of antecedents.

Summary

The petitioner, Deepak Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under the Excise Act alleging offences under Sections 30(a), 32, 41, 56(b) and 62, involving the alleged recovery of 88.56 litres of liquor from his shop. He argued that he was not arrested at the scene, no liquor was found in his possession, the shop is a public place, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, contending that the offences are serious. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. The order further stipulated that if more than one prior case is found, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 438 CrPC to the petitioner in the present Excise Act case?
  • Does the absence of arrest and lack of possession of the alleged liquor affect the grant of anticipatory bail?
  • Should the petitioner’s prior criminal antecedent influence the confirmation of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act offences
  • bail bond
  • criminal antecedent
  • public place
  • recovery of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16231 of 2026
                       Arising Out of PS. Case No.-4393 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Deepak Kumar S/o- Dasrath Saw R/v- Dawarika Nath Lane NO-3, Salimpur
                 Ahara Gali No-3, Ps- Gandhimaidan Dist- Patna

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Alok Kumar Alok
                 For the Opposite Party/s :         Mr.Nand Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 30(a), 32, 41, 56(b) and 62 of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 88.56 litres of liquor from a

                   shop in Shyamnandan Plaza.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and shop is a public

                   place where customers come. It is further submitted that no

                   prudent person would use his premises for committing a crime
Patna High Court CR. MISC. No.16231 of 2026(2) dt.17-03-2026
                                            2/3




          and thus, would create evidence against himself and hence,

          would get implicated and at the same time, shall bring disrepute

          to his business and he came to be implicated at the instance of

          local person, but the name of the person, who disclosed the

          name of the petitioner is not disclosed in the F.I.R., which casts

          an aspersion on the case of the prosecution, when petitioner was

          not implicated based on secret information. It is next submitted

          that police in majority of cases implicating innocent persons

          either at the behest of Chaukidar, local person, secret

          information and confessional statement in a mechanical manner

          without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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 Excise P. S. Case No.4393 of 2025, subject to the
               Patna High Court CR. MISC. No.16231 of 2026(2) dt.17-03-2026
                                                           3/3




                         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

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and 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

                         obtaining anticipatory bail had concealed his 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 has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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