Patna High Court
Ramakant KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the petition for provisional anticipatory bail subject to bond and surety conditions.
Summary
Ramakant Kumar applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act for alleged recovery of 36 litres of liquor. He argued that he was not arrested, no liquor was found in his possession, and the FIR omitted the name of the informant, suggesting a weak basis for prosecution. The State opposed the bail. The Patna High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail may be revoked; otherwise, it will be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Excise Act.
- Whether the absence of arrest and lack of possession of the alleged contraband affect the grant of anticipatory bail.
- Whether the omission of the informant’s name in the FIR undermines the prosecution’s case.
- What conditions may be imposed under Section 438(2) of the Cr.P.C. for anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- bail conditions
- criminal antecedent
- FIR omission
- secret informant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25121 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- BANGARA District- Samastipur
======================================================
Ramakant Kumar S/o Hari Narayan Singh Son of Hari Narayan Singh,
Resident of Village - Muradpur Bangra, Police Station - National Highway
Bengra, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mahendra Pratap
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
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.
The learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 36 litres of liquor from a sack.
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
and he came to be implicated at the instance of local person, but
Patna High Court CR. MISC. No.25121 of 2026(2) dt.21-04-2026
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the name of the person, who disclosed the name of the petitioner
is not disclosed in the F.I.R., which casts an aspersion on the
case of the prosecution, when petitioner has not been implicated
based on secret information. It is next submitted that police in
majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
a proper investigation.
Learned A.P.P. Sri Rabindra Kumar opposes the
anticipatory bail application.
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.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 National Highway Bangra P. S. Case No.25 of 2026,
subject to the conditions laid down under Section 438(2) of the
Cr.P.C.
The application stands allowed.
Patna High Court CR. MISC. No.25121 of 2026(2) dt.21-04-2026
3/3
It is made clear that the learned trial Court after
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 one case, 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 one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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