Patna High Court
Janak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents, exercising its inherent powers under Section 482(2) of the CrPC.
Summary
The petitioner, Janak Kumar, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 270.9 litres of liquor from a room adjacent to his house. He argued that the liquor was not in his conscious possession, the location did not belong to him, and that the FIR lacked the name of the informant, rendering the prosecution’s case weak. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, ordered provisional anticipatory bail on the condition of a modest bail bond and two sureties, subject to verification of the petitioner’s criminal antecedent. The order further stipulated that if any antecedent is discovered, the bail would be cancelled, but if the petitioner is found to have a clean record, the provisional bail would be confirmed. The decision was based on the inherent powers of the High Court under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under the Bihar Excise Act
- Whether the absence of the liquor from the petitioner’s conscious possession and the lack of an informant’s name in the FIR affect the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 482 CrPC
- Bihar Excise Act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26606 of 2026
Arising Out of PS. Case No.-119 Year-2026 Thana- Daudnagar Excise District- Aurangabad
======================================================
Janak Kumar S/o Late Ganeshi Ram R/o Village - Dihri, P.S - Obra, District -
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Anand
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 Sections 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 270.900 litres of liquor from a room situated next to
the main gate of the house of the petitioner.
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 even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.26606 of 2026(2) dt.23-04-2026
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the instance of local people, but then the name of the person,
who disclosed the name of the petitioner, is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution,
when petitioner has not been implicated based on secret
information.
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 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 Daudnagar P.S. Case No. 119 of 2026, 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
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
Patna High Court CR. MISC. No.26606 of 2026(2) dt.23-04-2026
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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)
Sumit/-
U T
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