Patna High Court
Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties, deposit, and verification of antecedent as per Section 482(2) of the BNSS.
Summary
The petitioner, Bipin Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 432 litres of liquor from an auto. He contended that he was not the owner of the vehicle, nothing was seized from his possession, and his implication arose solely from a chowkidar’s statement, questioning the police investigation. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.15,000 bond with two sureties, a deposit of Rs.2,500 with the Lawyers’ Association, and verification of the petitioner’s criminal antecedent within six weeks. If more than three prior cases are found, the bail would be revoked; if exactly three, the provisional order would be confirmed. The order is subject to Section 482(2) of the BNSS and pending verification by the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- provisional bail
- criminal antecedent
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2573 of 2026
Arising Out of PS. Case No.-329 Year-2025 Thana- SUPPI District- Sitamarhi
======================================================
Bipin Kumar S/o Choubey Sah R/o Village - Mohini Mandal, P.S - Suppi,
District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 432 litres of liquor from an Auto.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
of Chowkidar but then it is submitted that if the Chowkidar was
aware about the involvement of the petitioner in the occurrence,
Patna High Court CR. MISC. No.2573 of 2026(2) dt.28-01-2026
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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 further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically 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. 15,000/- (Rupees
Fifteen 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 Suppi P.S. Case No.
329 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 more than
three cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.2573 of 2026(2) dt.28-01-2026
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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 has antecedent of three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Lawyers’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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