Created by Fuzzy Cloud

Patna High Court

Janak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.