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Patna High Court

Sugrim Prasad @ Sugriv PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Sugrim Prasad, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 20.9 litres of liquor from his shop and godown. He argued that he has a clean antecedent, was not arrested at the scene, and that the liquor was allegedly planted by an employee to implicate him. The State opposed the bail, contending that the offence warranted custody. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent. The court further stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed. Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession of the alleged liquor justify the grant of anticipatory bail.
  • Whether the alleged planting of liquor by an employee affects the merit of the anticipatory bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • bail conditions
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17063 of 2026
                      Arising Out of PS. Case No.-123 Year-2025 Thana- Maghopur District- Gopalganj
                 ======================================================
                 Sugrim Prasad @ Sugriv Prasad S/O Kedar Prasad Resident of Village-
                 Madhopur, P.S- Madhopur, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Kumar Harshvardhan
                 For the Opposite Party/s :        Mr.Parmanand 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

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 20.900 litres of liquor from a shop and godown

                   of the petitioner.

                                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 he came to be

                   implicated based on the fact that he is owner of the shop and the

                   godown. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.17063 of 2026(2) dt.17-03-2026
                                            2/3




          his own premises for committing a crime and thus, would create

          evidence against himself and hence, would get implicated. It is

          further submitted that some inimical employee planted meager

          amount of liquor in the shop and the godwon with an intent to

          implicate the petitioner and to bring disrepute to the business

          and he came to be implicated based on secret information,

          which is the easiest way to implicate someone without holding a

          proper investigation, when admittedly petitioner is a person with

          clean antecedent.

                       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.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

          Madhopur P. S. Case No.123 of 2025, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.17063 of 2026(2) dt.17-03-2026
                                                           3/3




                                      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 even 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 is a person 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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