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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.

Summary

The petitioner, Raushan Kumar, 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 5.25 litres of liquor from a public banana orchard. He asserted a clean criminal record and argued that the alleged liquor was not in his possession and the orchard is accessible to the public, contending that the investigation was based on secret information. The State opposed the anticipatory bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedents and compliance with Section 438(2) conditions. The Court clarified that if any prior case is discovered, the bail would be presumed obtained by concealment and the order would not be confirmed; otherwise, the provisional bail would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC in a case under Section 30(a) of the Excise Act
  • Whether the alleged recovery of liquor from a public orchard justifies denial of anticipatory bail
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • bail conditions
  • clean antecedent
  • liquor recovery
  • public orchard

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19178 of 2026
                    Arising Out of PS. Case No.-259 Year-2025 Thana- MOHANPUR District- Samastipur
                 ======================================================
                 Raushan Kumar S/o Saroj Rai @ Saroj Ray Resident of village- Telgama,
                 Ward No.10, Police Station- Mohanpur, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Kumar Singh
                 For the Opposite Party/s :       Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  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 5.25 litres of liquor from a banana orchard.

                                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 an orchard, which does not belong to the

                   petitioner and is accessible to public at large and he came to be

                   implicated based on secret information, which is the easiest way
Patna High Court CR. MISC. No.19178 of 2026(2) dt.26-03-2026
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          to implicate someone 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.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

          Mohanpur P. S. Case No.259 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 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
               Patna High Court CR. MISC. No.19178 of 2026(2) dt.26-03-2026
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                         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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