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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedents.

Summary

Vikash Kumar applied for anticipatory bail after a FIR was lodged under Section 30(a) of the Excise Act alleging that 43.2 litres of liquor were recovered from an orchard behind his house. The petitioner claimed he was not present at the spot, that the liquor was not in his possession, and that a hostile watchman had falsely implicated him. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s prior criminal record. The Court examined the merits of the anticipatory bail under Section 438(2) of the Cr.P.C. and considered the petitioner’s antecedent cases, directing that provisional bail be granted subject to a bond and verification of his criminal history. The application was allowed, with conditions that the bail be confirmed only if the petitioner is found to have no more than two prior cases.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case under Section 30(a) of the Excise Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the alleged recovery of liquor not in the petitioner’s possession and alleged false implication justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • Section 30
  • bail conditions
  • criminal antecedent
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2138 of 2026
                      Arising Out of PS. Case No.-181 Year-2025 Thana- BARAUNI District- Begusarai
                 ======================================================
                 Vikash Kumar S/o Raj Kumar Singh Resident of village- Hajipur, Pipra
                 Devas, Police Station- Barauni, District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sarvottam Kumar
                 For the Opposite Party/s :        Ms.Asha Devi
                 ======================================================
                 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 has antecedent of two cases out of which one case

                   is under the Excise Act and allegation is of recovery of 43.2

                   litres of liquor from an orchard behind a semi-constructed

                   house.

                                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
Patna High Court CR. MISC. No.2138 of 2026(2) dt.27-01-2026
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          and he came to be implicated at the instance of Chaukidar with

          whom he is on an inimical term. It is further submitted that if

          Chaukidar was aware of the involvement of the petitioner in the

          occurrence, then why he did not inform the police prior to

          institution of the present F.I.R., which casts an aspersion on the

          case of the prosecution. It is also submitted that it appears that

          the Chaukidar in order to save the real culprits falsely

          implicated the petitioner.

                       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.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 Barauni P. S. Case No.181 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
               Patna High Court CR. MISC. No.2138 of 2026(2) dt.27-01-2026
                                                           3/3




                         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 more than two cases,

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

                         that petitioner has antecedent of two cases only, 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.25,00/- with

                         Lawyers’ Association, Patna High Court, Patna.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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