Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32, 41, 56(b), 62
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
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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
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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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