Patna High Court
Praveen KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted conditionally, subject to verification of the petitioner’s antecedents, and can be withdrawn if more than eight prior cases are discovered.
Summary
The petitioner, Praveen Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act, alleging recovery of liquor from a motorcycle and a ghat. He contended that he was not arrested at the spot, had no conscious possession of the seized items, and was not the owner of the motorcycle, asserting that the police had implicated him without proper investigation. The State opposed the bail, highlighting the petitioner’s antecedent of eight prior Excise cases. The Court, after hearing both sides, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs 40,000 with two sureties, subject to the conditions of Section 438(2). The order also required the trial court to verify the petitioner’s criminal antecedents and stipulated that if more than eight prior cases are found, the bail would be revoked. Consequently, the application for anticipatory bail was allowed with the stated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case under Section 30(a) of the Excise Act.
- Whether the petitioner’s antecedent of eight prior Excise cases precludes the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Criminal Procedure Code
- bail conditions
- antecedent cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27050 of 2026
Arising Out of PS. Case No.-72 Year-2026 Thana- NAYAGAON District- Saran
======================================================
Praveen Kumar S/o Binod Rai @ Binod Ray Resident of Village- Bariyarchak
(Hasilpur), P.S- Nayagaon, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 eight cases under the Excise Act
and allegation is of recovery of 15 litres of liquor from a
motorcycle and 02 litres of liquor from Bariyarchak ghat.
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 is not the owner of
the seized motorcycle and even alleged recovery is from a place,
which does not belong to the petitioner and he came to be
Patna High Court CR. MISC. No.27050 of 2026(2) dt.23-04-2026
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implicated at the instance of local person, but then, it is
submitted that police in majority of cases implicating innocent
persons either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
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.40,000/- (Rupees Forty 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 Nayagaon P. S. Case No.72 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 eight cases,
Patna High Court CR. MISC. No.27050 of 2026(2) dt.23-04-2026
3/3
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
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 eight cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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