Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent, with confirmation contingent on the findings.
Summary
The petitioner, Ankit Kumar, was implicated in a case under the Bihar Excise Act for alleged recovery of 277.125 litres of liquor from a Tata Safari vehicle. He contended that he was not arrested at the spot, had no possession of the liquor, and was not the owner of the vehicle, asserting that the investigation relied solely on secret information. The petitioner also highlighted his prior two cases under the Excise Act and sought anticipatory bail, while the State opposed the relief. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedent. The order stipulated that if the verification reveals more than two prior cases, the bail would not be confirmed; if exactly two, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under Sections 30(a), 32, 36 and 41 of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- secret information
- criminal antecedent
- provisional bail
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19783 of 2026
Arising Out of PS. Case No.-488 Year-2024 Thana- JHAJHA District- Jamui
======================================================
Ankit Kumar S/O Shravan Singh R/V - Gurudwara Road, P.S- Chas, District -
Bokaro, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Ankita Kumari
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 offences punishable under Sections 30(a), 32,
36 and 41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 277.125 litres of liquor from a Tata
Safari vehicle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on secret
information which is the easiest way to implicate someone. It is
Patna High Court CR. MISC. No.19783 of 2026(2) dt.26-03-2026
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further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation. It is also submitted that petitioner earlier also in
similar manner came to be implicated in cases relating to
Excise.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten 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 Jhajha
P.S. Case No. 488 of 2024, subject to the conditions as laid
down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
Patna High Court CR. MISC. No.19783 of 2026(2) dt.26-03-2026
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than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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