Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with bond and surety, subject to verification of the petitioners' criminal antecedents, and stipulated that bail will be confirmed only if the antecedents match the disclosed figures.
Summary
The petitioners, three brothers, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 1,000 litres of liquor. They argued that they were not caught in possession, were not owners of the seized vehicle, and were implicated by a hostile chowkidar, questioning the investigation's propriety. The State opposed the bail, citing the seriousness of the offence and the petitioners' prior criminal records. The Court granted provisional anticipatory bail conditioned on each petitioner furnishing a bail bond of Rs.25,000 with two sureties and subject to verification of their criminal antecedents under Section 482(2) of the B.N.S.S. If the verified antecedents exceed the numbers disclosed, the bail would not be confirmed. The order directs the trial court to confirm bail only after such verification.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioners' prior criminal antecedents justify denial of bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- criminal antecedent
- Section 30
- Bihar Prohibition and Excise Act
- Section 482
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19323 of 2026
Arising Out of PS. Case No.-860 Year-2025 Thana- MANER District- Patna
======================================================
1. Raushan Kumar S/O Binod Rai R/O Village - Chakiya tola, Chhitnawan
bagicha, P.S- Maner, District- Patna
2. Ravi Kumar S/O Binod Rai R/O Village - Chakiya tola, Chhitnawan
bagicha, P.S- Maner, District- Patna
3. Suman Kumar S/O Binod Rai R/O Village - Chakiya tola, Chhitnawan
bagicha, P.S- Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of three cases, out of which two
cases are under the Excise Act and petitioner no.2 has
antecedent of one case and petitioner no.3 has antecedent of five
cases, out of which, four cases are under the Excise Act and
allegation is of recovery of 1000 litres of liquor from a
Patna High Court CR. MISC. No.19323 of 2026(2) dt.17-04-2026
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motorcycle. It is next submitted that petitioners were not
arrested from the spot as such nothing was recovered from their
conscious possession and are not the owner of the seized vehicle
and they came to be implicated at the instance of chowkidar
with whom they are on an inimical term. 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 petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.25,000/- (Rupees twenty five
thousand) each with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
Patna High Court CR. MISC. No.19323 of 2026(2) dt.17-04-2026
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pending/successor court in connection with Maner P.S. Case
No.860/2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 has antecedent
of more than three cases, petitioner no.2 has antecedent of more
than one case and petitioner no.3 has antecedent of more than
five cases, in that event, it would be presumed that petitioners
had concealed their antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed with
respect to those petitioners whose criminal antecedent does not
tally but if after verification the criminal antecedent as recorded
hereinabove tallies with the petitioners in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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