Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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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