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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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
                                                          3/3




                        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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