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Patna High Court

Raja Kumar @ Raja Kumar Mandal @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his antecedent.

Summary

Raja Kumar sought 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 44.100 litres of liquor from a house not owned by him. The petitioner argued that he had a clean antecedent, was not in possession of the liquor, and the only evidence was a confessional statement of the alleged owner made in police custody, which he claimed lacked evidentiary value. The State opposed the 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 criminal antecedent and other conditions under Section 438(2) CrPC. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2107 of 2026
                          Arising Out of PS. Case No.-190 Year-2025 Thana- SIKTI District- Araria
                 ======================================================
                 Raja Kumar @ Raja Kumar Mandal @ Rakesh Kumar Son of Ravindra
                 Mandal R/O Vill.- Jalkhared, Khoragachh, P.S.- Sikti, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Dheeraj Kumar
                 For the Opposite Party/s :         Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  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 44.100 litres of liquor from the house of Anil

                   Kumar Singh.

                                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 a place, which does not belong to the petitioner

                   and petitioner has no concern or relation with Anil and he came
Patna High Court CR. MISC. No.2107 of 2026(2) dt.27-01-2026
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          to be implicated based on confessional statement of Anil in

          police custody, which does not have any evidentiary value.

                       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

          Sikti P. S. Case No.190 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
               Patna High Court CR. MISC. No.2107 of 2026(2) dt.27-01-2026
                                                           3/3




                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.15,00/- with

                         Advocates’ Association, Patna High Court, Patna.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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