Patna High Court
Abhishek Kumar @ Avishak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bail bonds, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Abhishek Kumar, sought anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 2,340 litres of liquor from a pick‑up. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was implicated solely on secret information without proper investigation. The State opposed the bail, highlighting the petitioner’s antecedent of five prior cases, four of which relate to the Excise Act. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.25,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. If the verification shows more than five prior cases, the bail will not be confirmed; if only five cases are found, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. to a person alleged to be involved in an excise offence and having prior criminal antecedents.
- Whether the reliance on secret information and lack of recovery from the accused’s conscious possession affect the grant of bail.
- Whether verification of the petitioner’s antecedent exceeding five cases warrants cancellation of the provisional bail.
Legislation cited
- B.N.S.S. Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- secret information
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22382 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- RAJAPAKAR District- Vaishali
======================================================
Abhishek Kumar @ Avishak Kumar Son of Pawan Rai Resident of village -
Litiyahi Rajasan, Police Station - Rushtampur Raghopur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sweety Sinha, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 2340
litres of liquor from a Pick-Up.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the secret information which is the
easiest way to implicate someone. It is next submitted that once
Patna High Court CR. MISC. No.22382 of 2026(2) dt.08-04-2026
2/3
an accused is implicated in a case relating to excise the police
start implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender 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
Rajapakar (Baranti) P.S. Case No. 32 of 2026, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than five
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.22382 of 2026(2) dt.08-04-2026
3/3
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only five cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…