Patna High Court
Niraj Kamal @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted in the absence of possession and with a prior acquittal, subject to verification of the accused’s criminal antecedents.
Summary
The petitioner, Niraj Kamal, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case registered under Section 30(a) of the Excise Act alleging recovery of 50 litres of liquor from a field near the Budhi Gandak River. He argued that the liquor was not in his conscious possession, the alleged site was public and not his property, and he had previously been acquitted in an earlier case. The State opposed the bail, contending that the allegations warranted detention. The Court, noting the lack of possession, the public nature of the site, and the petitioner’s prior acquittal, granted provisional anticipatory bail subject to a bond of Rs 5,000 and two sureties, with verification of his criminal antecedents. It directed that if more than one antecedent is found, the bail may be revoked; otherwise, the provisional order will be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. when the alleged excise offence involves no possession by the accused
- Whether the petitioner’s prior acquittal and the public nature of the alleged recovery site justify granting bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- possession
- prior acquittal
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17484 of 2026
Arising Out of PS. Case No.-475 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Niraj Kamal @ Niraj Kumar S/O Ramlakhan Mahto @ Lakhan Mahto R/O
Village- Rampur, P.S- Cheriyabariyarpur, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Randhir Kumar No 1
For the Opposite Party/s : Mr.Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 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 has antecedent of one case, but then, was acquitted
in the said case and allegation is of recovery of 50 litres of
liquor from a field situated near bank of Budhi Gandak River.
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 even alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.17484 of 2026(2) dt.16-04-2026
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at the instance of Chaukidar with whom he is on an inimical
term. It is also submitted that it is seen that in majority of the
cases the police is implicating accused in cases relating to excise
at the instance of Chaukidar 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 Bibhutipur P. S. Case No.475 of 2025, subject to the
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
Patna High Court CR. MISC. No.17484 of 2026(2) dt.16-04-2026
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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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