Patna High Court
Ajeet Kumar @ Chote @ ChhoteversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Ajeet Kumar, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act read with Section 111 of the BNS for allegedly recovering 43.2 litres of liquor from a motorcycle. He contended that he had a clean antecedent, was not caught in possession, and was not the owner of the seized vehicle, further arguing that the informant’s identity was omitted from the FIR. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail would be presumed concealed and the order would not be confirmed; otherwise, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act read with Section 111 of the BNS.
- Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail.
- Whether provisional anticipatory bail may be conditioned on verification of the petitioner’s criminal antecedent.
Legislation cited
Subjects
- anticipatory bail
- excise law
- liquor seizure
- clean antecedent
- provisional bail
- Section 30
- Section 111
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1661 of 2026
Arising Out of PS. Case No.-617 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Ajeet Kumar @ Chote @ Chhote Son of Vijay Kumar Resident of Village -
Ratanpura Ahirtoli, P.S.- Bhagwan Bazar, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 read with Section 111 of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 43.2 liters of liquor from a motorcycle.
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 is not the owner of the
seized vehicle and he came to be implicated at the instance of local
person, but then the name of the person who disclosed the name of
the petitioner is not disclosed in the FIR which casts an aspersion on
the case of the prosecution, when petitioner admittedly is a person
with clean antecedent.
Patna High Court CR. MISC. No.1661 of 2026(2) dt.22-01-2026
2/2
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. 500/- (Rupees Five Hundred)
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 Bhagwan Bazar P.S. Case No. 617 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 in the event
if it is found that petitioner has antecedent of even 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 is a person with
clean antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…