Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Ravi Kumar, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 90 litres of liquor from a public orchard. He claimed a clean antecedent, no possession at the time of arrest, and that the complaint was filed by a hostile watchman who had not reported the matter earlier. The State opposed the bail. The Court, considering these submissions, directed the petitioner to furnish bail bonds of Rs.500 with two sureties and granted provisional anticipatory bail under Section 438(2) of the CrPC, subject to verification of his antecedent. The order stipulated that if any prior case is found, the bail would be cancelled; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act involving alleged liquor recovery.
- Whether the petitioner’s lack of possession and clean antecedent justify granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Section 438
- clean antecedent
- liquor recovery
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28265 of 2026
Arising Out of PS. Case No.-102 Year-2026 Thana- NAUTAN District- West Champaran
======================================================
Ravi Kumar son of Sukai Choudhary Resident of village- Sansaraiya Ward
no. 42, Ps- Bettiah Mufassil, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Gupta
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 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 is a person with clean antecedent and allegation is
of recovery of 90 litres of liquor from an orchard near bank of
Chandravat river.
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.28265 of 2026(2) dt.29-04-2026
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at the instance of Chaukidar with whom he is on an inimical
term. It is further submitted that if Chaukidar was aware of the
involvement of the petitioners in the occurrence, then why he
did not inform the police prior to institution of the present F.I.R.,
which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. Sri Rabindra Kumar 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
Nautan P. S. Case No.102 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 even one case, then it
Patna High Court CR. MISC. No.28265 of 2026(2) dt.29-04-2026
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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 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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