Patna High Court
Subash Prasad @ Subhash Prasad @ Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail subject to bond, sureties and verification of his criminal antecedents.
Summary
The petitioner, Subash Prasad, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning alleged recovery of 80 litres of liquor from a public ghat. He argued that the liquor was not in his possession, the location did not belong to him, and that the complaint was based on the chawkidar's information without proper investigation. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. It stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act.
- Whether the absence of recovered liquor in the petitioner’s possession negates the basis for arrest.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20541 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- SRINAGAR District- West Champaran
======================================================
Subash Prasad @ Subhash Prasad @ Subhash Kumar son of Ramdeni Prasad
@ Ramdhani Prasad @ Rameshwa Prasad @ Rameshwar Prasad Resident Of
Village- Jagiraha (Pakhnaha) Ps -Bairiya District -West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raki Alam, Advocate
For the Opposite Party/s : Mr. Arun Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 80
litres of liquor from Ghorahiya Ghat.
4. 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 the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.20541 of 2026(2) dt.31-03-2026
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and is accessible to villagers at large. It is further submitted that
petitioner came to be implicated at the instance of the
Chawkidar but then it is submitted that if the Chawkidar was
aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to the institution of
the instant FIR which casts an aspersion on the case of the
prosecution. It is next submitted that once an accused is
implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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, let 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.15,000/- (Rupees Fifteen 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 Srinagar P.S. Case No. 48 of 2026,
subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.20541 of 2026(2) dt.31-03-2026
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the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than
three cases, it would be presumed that petitioner had concealed
his antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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