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Patna High Court

Ranjan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedent.

Summary

Ranjan Kumar applied for anticipatory bail in a case registered under Section 30(a) of the Excise Act for the alleged recovery of 35 litres of liquor from a straw house. He asserted that he has a clean antecedent, was not arrested at the spot, and that the liquor was not in his conscious possession as the straw house is accessible to the public. The State opposed the bail, arguing the seriousness of the offence. The Court examined the submissions, noted the lack of possession and the petitioner’s clean record, and considered the possibility of false implication. It granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s antecedent before confirming the bail. If any antecedent is found, the bail would be cancelled; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in a case under Section 30(a) of the Excise Act?

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • liquor seizure
  • straw house

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25138 of 2026
                  Arising Out of PS. Case No.-44 Year-2026 Thana- Gadhiya Bazar District- East Champaran
                 ======================================================
                 Ranjan Kumar S/O Prabhu Sahni R/O Village- Kothiya, P.S- Garahiya Bazar,
                 Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Usha Kumari
                 For the Opposite Party/s :        Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. 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.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 35 litres of liquor from straw house of the

                   petitioner.

                                 4. 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 straw house is a

                   place outside the house and thus, is accessible to public at large.

                   It is next submitted that someone inimical to the family
Patna High Court CR. MISC. No.25138 of 2026(2) dt.21-04-2026
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          concealed meager amount of liquor with an intent to implicate

          entire family members and he came to be implicated based on

          secret information, which is the easiest way to implicate

          someone without holding a proper investigation, when

          admittedly petitioner is a person with clean antecedent.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 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.500/- (Rupees Five Hundred) 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

          Garahiya Bazar P. S. Case No.44 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. 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 even one case, then it
               Patna High Court CR. MISC. No.25138 of 2026(2) dt.21-04-2026
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                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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