Patna High Court
Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with the stipulated conditions.
Summary
The petitioners, four individuals from Nawada district, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 46.5 litres of liquor. They argued they have clean antecedents, the liquor was recovered from a location not belonging to them, and the investigation relied on secret information without proper inquiry. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail for six weeks, subject to a bail bond of Rs. 500 with two sureties and conditioned on verification of the petitioners' criminal antecedents by the trial court. If any antecedent is discovered, the bail would be withdrawn for that petitioner; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners' clean antecedent and the nature of the investigation justify granting anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the Criminal Procedure Code are appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- clean antecedent
- secret information
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21155 of 2026
Arising Out of PS. Case No.-616 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
1. Suraj Kumar S/o- Kamal Singh R/v- Dumarkol Ps- Rajauli Dist- Nawada
2. Guzar @ Ranjeet Kumar S/o- Dharmendra Yadav R/v- Dumarkol Ps- Rajauli
Dist- Nawada
3. Suraj Kumar S/o- Sanjay Ram R/v- Girgi Ps- Rajauli Dist- Nawada
4. Bholi Kumar S/o- Muzu Yadav @ Muju Yadav R/v- Girgi Ps- Rajauli Dist-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 46.5 litres of liquor from sacks.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.21155 of 2026(2) dt.01-04-2026
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recovery is from a place which does not belong to the
petitioners and they came to be implicated based on secret
information which is the easiest way to implicate someone
without holding a proper investigation, when petitioners
admittedly are persons with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. 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. 500/- (Rupees Five Hundred) each
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 Excise P.S. Case No. 616 of 2025 subject to
the conditions as laid down under Section Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
Patna High Court CR. MISC. No.21155 of 2026(2) dt.01-04-2026
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be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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