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Patna High Court

Deewan Kumar @ Deewan RajvanshiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedent.

Summary

Deewan Kumar sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging he was involved in the recovery of 85 litres of liquor and 1,000 litres of fermented Jawa Mahua solution. The petitioner argued that he was not arrested at the spot, had no possession of the alleged contraband, and that the FIR omitted the name of the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and a condition that the trial court verify the petitioner’s criminal antecedent within six weeks. If the petitioner is found to have more than three prior cases, the bail will not be confirmed; if only three, it will be confirmed. The petitioner also agreed to deposit Rs.5,000 with the Patna High Court Advocate Association.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether the lack of possession and omission of the informant's name in the FIR affect the merits of the bail application

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail conditions
  • FIR omission
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2802 of 2026
                       Arising Out of PS. Case No.-661 Year-2025 Thana- HISUWA District- Nawada
                 ======================================================
                 Deewan Kumar @ Deewan Rajvanshi S/o Musafir Rajvanshi Resident of
                 Village- Latawar, P.S.-Hisua, District- Nawada,
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Man Mohan Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rajesh Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases and allegation is of

                   recovery of 85 litres of liquor along with 1000 litres of

                   Fermented Jawa Mahua Solution from a bush near the bank of a

                   river.

                                4. 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 the alleged

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

                   and is accessible to villagers at large. It is further submitted that
Patna High Court CR. MISC. No.2802 of 2026(2) dt.28-01-2026
                                            2/3




          petitioner came to be implicated at the instance of the local

          person 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. It is also submitted that

          off late the police have started implicating the accused in excise

          cases who have antecedent without holding a proper

          investigation of the case.

                       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, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.15,000/- (Rupees Fifteen 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

          Hisua P.S. Case No. 661 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./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 if
           Patna High Court CR. MISC. No.2802 of 2026(2) dt.28-01-2026
                                                       3/3




                     it is found that petitioner has antecedent of more than three

                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.5,000/- with the Advocate Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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