Patna High Court

Prashant Kumar @ PaloversusThe State of Bihar

Decided: 22 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedents.

Summary

Petitioner Prashant Kumar applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 43.5 litres of liquor. He contended that he was not arrested, the liquor was not in his conscious possession, and he denied ownership of the hut where it was found. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail may be revoked; otherwise, the provisional order will be confirmed. The application was allowed.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
Whether the absence of arrest and denial of possession justify granting anticipatory bail.
Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Excise Act — s. 30(a)

Subjects

anticipatory bail
Section 438 CrPC
Excise Act
liquor seizure
criminal antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26346 of 2026
                      Arising Out of PS. Case No.-54 Year-2026 Thana- Excise P.S. District- Samastipur
                 ======================================================
                 Prashant Kumar @ Palo S/o Manoranjan Singh R/o Village - Ward No. 11
                 Aadharpur, P.S -Karpurigram District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Khushi Awadh
                 For the Opposite Party/s :         Mr.Nand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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 has antecedent of one case and allegation is of

                   recovery of 43.500 litres of liquor from a hut.

                                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 though it is alleged

                   that the hut belongs to the petitioner, but then, the same is

                   vehemently denied that the hut belongs to the petitioner. It is

                   also submitted that specific pleading to that effect has been
Patna High Court CR. MISC. No.26346 of 2026(2) dt.22-04-2026
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          made at Paras-6 and 8 of the anticipatory bail application. It is

          also submitted that police in mechanical manner implicates and

          investigates without holding a proper investigation.

                       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.5,000/- (Rupees Five 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 Sadar Excise P. S. Case No.54 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 more than one case, then

          it would be presumed that petitioner for the purposes of

          obtaining anticipatory bail had concealed his antecedent before
               Patna High Court CR. MISC. No.26346 of 2026(2) dt.22-04-2026
                                                           3/3




                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T

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