Patna High Court
Ankush KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent by the trial court.
Summary
The petitioner, Ankush Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 52.5 litres of liquor from an orchard behind a poultry farm. He asserted that he had no prior criminal record, that the liquor was not found in his possession, and that the allegation stemmed solely from the chowkidar’s statement. The petitioner argued that the chowkidar, if aware of his involvement, should have informed police earlier, casting doubt on the prosecution’s case. The State opposed the grant of anticipatory bail. The High Court, considering the submissions, 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.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act and Section 482(2) of the BNSS.
- Whether the lack of possession and the petitioner’s clean antecedent justify the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25640 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- CHACKMEHSI District- Samastipur
======================================================
Ankush Kumar S/o Gutan Ray @ Butan Ray R/o Vill- Somnaha Gadamtol,
P.S- Chakmeshi, 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. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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
petitioner is a person with clean antecedent and allegation is of
recovery of 52.5 liters of liquor from an orchard situated behind
a poultry farm of Navin.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 Chowkidar, but
Patna High Court CR. MISC. No.25640 of 2026(2) dt.21-04-2026
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then it is submitted that if Chowkidar was aware of 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 of late police in mechanical manner
implicates either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
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.
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
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 even one case
Patna High Court CR. MISC. No.25640 of 2026(2) dt.21-04-2026
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then it would be presumed that petitioner, for the purposes of
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 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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