Patna High Court
Sugrim Prasad @ Sugriv PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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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