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Patna High Court

Ankit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of his criminal antecedent.

Summary

The petitioner, Ankit Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 52.5 litres of liquor from a public area. He was not arrested at the scene and no liquor was found in his possession. The petitioner claimed that a chowkidar, with whom he had a personal dispute, falsely implicated him to protect the real offender. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, and directed the trial court to verify the petitioner’s criminal antecedent before confirming the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in view of the allegations under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged false implication by the chowkidar affects the merits of the bail application.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • false implication
  • criminal antecedent
  • Section 482(2)
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23130 of 2026
                   Arising Out of PS. Case No.-193 Year-2025 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Ankit Kumar Son of Pramod Kumar @ Pramod Mahto R/o Vill. - Somnaha
                 Baratol, Chakmehsi, Dist. - Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amar Kumar Singh
                 For the Opposite Party/s :       Mr.Abhay Kumar
                 ======================================================
                 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 one case and allegation is of

                   recovery of 52.5 litres of liquor from a bush at ward no. 10.

                             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

                   at the instance of Chowkidar with whom he is on an inimical
Patna High Court CR. MISC. No.23130 of 2026(2) dt.08-04-2026
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          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

          also submitted that it appears that the Chowkidar in order to

          save the real culprit falsely implicated the petitioner because of

          his antecedent.

                   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. 5,000/- (Rupees

          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 Chakmehsi P.S. Case

          No. 193 of 2025, subject to the conditions as laid down under

          Section 482(2) of the BNSS.

                   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 one

          case then it would be presumed that petitioner, for the purposes of
              Patna High Court CR. MISC. No.23130 of 2026(2) dt.08-04-2026
                                                          3/3




                        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 one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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