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Patna High Court

Ankush KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        3/3




                      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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