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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                           3/3




                         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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