Patna High Court
Bharat KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions, pending verification of their antecedent.
Summary
The petitioners, Bharat Kumar and Manish Kumar, applied for anticipatory bail under Section 438(2) of the Cr.P.C. in connection with an excise case alleging recovery of 1,049.640 litres of liquor from a truck, invoking Sections 30(a) of the Excise Act. They argued they have clean antecedents, were not arrested at the spot, and no liquor was found in their conscious possession; moreover, the FIR does not disclose the informant who implicated them. The State opposed the bail. The Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties each, subject to verification of their antecedent and compliance with Section 438(2). The order was conditioned that if any criminal antecedent is discovered, the bail would not be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438(2) Cr.P.C. in the present excise case
- Whether the petitioners' clean antecedent and lack of possession of the seized liquor justify granting bail
- Whether the omission of the informant's name in the FIR affects the prosecution's case
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Criminal Procedure Code
- Section 438
- clean antecedent
- bail bond
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25475 of 2026
Arising Out of PS. Case No.-560 Year-2025 Thana- Excise P.S. District- Rohtas
======================================================
1. Bharat Kumar S/O Late Krishna Singh Resident of Village- Chakiya Tola,
Pahleza, P.S- Dehri (M), District- Rohtas.
2. Manish Kumar S/O Ram Badan Singh Resident of Village- Chakiya Tola,
Pahleza, P.S- Dehri (M), District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Siddharth Harsh
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 1049.640 litres of liquor from a
truck.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and are not the owner
Patna High Court CR. MISC. No.25475 of 2026(2) dt.18-04-2026
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of the seized truck and he came to be implicated at the instance
of local person, but 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 petitioners
have not been implicated based on secret information and are
persons with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each 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 Excise Case No.2096 of 2025 arising out of
Excise P. S. Case No.560 of 2025, 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 petitioners shall
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verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 petitioners are persons 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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