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Patna High Court

Arvind PatelversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions and verification of antecedents.

Summary

The petitioner, Arvind Patel, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 13.92 litres of liquor. He argued that the alleged recovery was from a public place, not in his possession, and that the police relied on secret information without proper investigation. The State opposed the bail. The Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and verification of his criminal antecedents. The order was conditioned that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438(2) of the Cr.P.C. in a case involving alleged offences under Section 30(a) of the Excise Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30
  • Criminal Procedure Code
  • Section 438
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27271 of 2026
                 Arising Out of PS. Case No.-246 Year-2026 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Arvind Patel S/O Dhrup Patel @ Druv Patel Resident of Village- Senuwariya,
                 Ward No. 08, PoliceStation- Majhauliya, District- West Champaran at Bettiah

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shashank Shekhar
                 For the Opposite Party/s :      Mr/s.Renuka Ratnakar (App 125)
                 ======================================================
                 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 one case under the Excise Act

                   and allegation is of recovery of 13.92 litres of liquor from a near

                   Chhath 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 even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.27271 of 2026(2) dt.23-04-2026
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          based on secret information, which is the easiest way to

          implicate someone. It is next 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.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 Majhualiya P. S. Case No.246 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
               Patna High Court CR. MISC. No.27271 of 2026(2) dt.23-04-2026
                                                           3/3




                         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

                         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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