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Patna High Court

Amit Kumar @ KalluversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent.

Summary

Amit Kumar sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for allegedly recovering 300 litres of liquor from a public bush. He argued that nothing was seized from his possession, the site was public, and the complaint was filed by a hostile chowkidar who had not reported the matter earlier. The State opposed the bail. The High Court, noting his five prior cases (three under the Excise Act) and the circumstances, granted provisional anticipatory bail subject to a Rs.25,000 bond, two sureties, and verification of his criminal antecedents. The order stipulated that if more than five prior cases are found, the bail would not be confirmed; if exactly five, it would be confirmed. The court exercised its inherent powers under Section 482(2) of the BNSS to conditionally release the petitioner.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
  • Whether the absence of seizure from the petitioner’s possession and the public nature of the alleged recovery affect bail eligibility
  • Whether the petitioner’s prior criminal antecedent of five cases influences the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • criminal antecedent
  • public place
  • FIR
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22362 of 2026
                       Arising Out of PS. Case No.-80 Year-2026 Thana- GORAUL District- Vaishali
                 ======================================================
                 Amit Kumar @ Kallu S/o- Jawahar Singh @ Jawahir Singh Village-
                 Pagaimbarpur Gorigamma, P.S.-Gorual, Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aniket Singh
                 For the Opposite Party/s :       Mr.Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of five cases out of which three cases

                   are under the Excise Act and allegation is of recovery of 300

                   litres of liquor from a bush.

                             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 even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.22362 of 2026(2) dt.08-04-2026
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          at the instance of Chowkidar with whom he is on an inimical

          term. It is next submitted that if Chowkidar was aware about

          the involvement of the petitioner in the occurrence, then why he

          did not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution. It is

          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.

                   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.

          25,000/- (Rupees Twenty-five 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

          Goraul P.S. Case No. 80 of 2026 subject to the conditions as laid

          down under Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.22362 of 2026(2) dt.08-04-2026
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                                 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

                        than five 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 five

                        cases, in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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