Patna High Court
Amit Kumar @ KalluversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
3/3
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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