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Patna High Court

Brajesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail subject to bail bonds, sureties, and verification of the petitioner’s criminal antecedents.

Summary

Brajesh Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 25 litres of liquor were allegedly recovered from a site adjacent to a poultry farm not owned by him. He claimed the allegation arose from an inimical chowkidar and that no liquor was found in his possession, questioning the police investigation. The State opposed the bail. The Court granted provisional anticipatory bail on condition of furnishing a Rs.5,000 bail bond with two sureties and directed the trial court to verify his criminal antecedents, prescribing that confirmation of bail depends on the number of prior cases. If more than one prior case is found, the bail will not be confirmed; if only one, it will be confirmed immediately. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending excise case.
  • Whether the circumstances of the alleged recovery and the petitioner’s antecedent justify granting bail.
  • Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • Section 30
  • Section 482
  • criminal antecedent
  • police investigation
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18844 of 2026
                     Arising Out of PS. Case No.-373 Year-2025 Thana- HASPURA District- Aurangabad
                 ======================================================
                 Brajesh Kumar Son of Doman Paswan R/o Village - Chandi, P.S - Haspura,
                 Dist. - Aurangabad, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Praveen Kumar
                 For the Opposite Party/s :       Mr. Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 25 litres of liquor from a place

                   beside the poultry farm. It is next submitted 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 nor he has any

                   concern with the poultry farm and he came to be implicated at

                   the instance of chowkidar with whom he is on an inimical term.
Patna High Court CR. MISC. No.18844 of 2026(2) dt.25-03-2026
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          It is also submitted that if chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution. It is

          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either through chowkidar, local person, confessional statement

          or secret information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (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 Haspura P.S. Case No.373/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than
             Patna High Court CR. MISC. No.18844 of 2026(2) dt.25-03-2026
                                                         3/3




                       one case, in that event, it would be presumed that petitioner had

                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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