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Patna High Court

Ankul KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent and conditions under Section 438(2) Cr.P.C.

Summary

Ankul Kumar applied for anticipatory bail after an FIR was lodged under Section 262 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act for allegedly possessing 7.5 litres of liquor. The petitioner asserted that he has a clean antecedent, was not arrested at the scene, and that villagers who allegedly caught him were not identified in the FIR, suggesting false implication. The State opposed the bail. The High Court, considering the petitioner's clean record and the lack of concrete evidence, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. The court directed the trial court to verify the petitioner’s antecedent and to confirm the bail if no prior case is found, otherwise to cancel it.

Issues considered

  • Whether anticipatory bail should be granted in a case of alleged liquor possession under the Bihar Narcotic Substances Act and Excise Act
  • Whether the petitioner’s clean antecedent and lack of arrest justify the grant of bail
  • Whether the conditions imposed under Section 438(2) of the Cr.P.C. are appropriate

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • liquor possession
  • clean antecedent
  • provisional bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27489 of 2026
                    Arising Out of PS. Case No.-214 Year-2025 Thana- MANIYARI District- Muzaffarpur
                 ======================================================
                 Ankul Kumar S/o- Late Shankar Sah R/v- Fulwariya Ps- maniyari Dist-
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Kumar
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   02-07-2026                   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 262 of the B.N.S. and Section 30(a) of the Excise Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 7.5 litres of liquor from possession of the

                   petitioner.

                                 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 rather a case has been

                   made out that villagers caught the petitioner with liquor but he

                   fled away. It is next reiterated and submitted that petitioner is a
Patna High Court CR. MISC. No.27489 of 2026(4) dt.02-07-2026
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          person with clean antecedent and he has been falsely implicated

          at the instance of villagers, but then the FIR does not disclose

          the name of the villager who caught the petitioner and alleges

          that petitioner fled away.

                       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.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

          Maniyari P. S. Case No.214 of 2025, 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 even one case, then it

          would be presumed that petitioner for the purposes of obtaining
               Patna High Court CR. MISC. No.27489 of 2026(4) dt.02-07-2026
                                                           3/3




                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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