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Patna High Court

Bipin Kumar @ Virendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Bipin Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 872 litres of liquor from government land. He argued that he was not arrested at the spot, had no possession of the liquor, and that the land is public and accessible, questioning the basis of the FIR filed by a hostile chowkidar. The State opposed the bail, citing the petitioner’s six prior excise cases. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.30,000 bond with two sureties, subject to verification of his criminal antecedent within six weeks. The court stipulated that if more than six prior cases are found, the bail would not be confirmed; if exactly six are confirmed, the provisional bail would be made final.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act given the petitioner’s prior criminal antecedent.
  • Whether the absence of possession of the alleged liquor and the public nature of the land justify granting bail.
  • Whether the trial court must verify the petitioner’s antecedent cases before confirming the provisional anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • criminal antecedent
  • provisional bail
  • Section 482(2)
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28434 of 2026
                       Arising Out of PS. Case No.-45 Year-2026 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Bipin Kumar @ Virendra Kumar S/O Sajjan Das R/O Village- Ilmasnagar,
                 P.S- Khanpur, Distt.- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anuj Kumar
                 For the Opposite Party/s :        Ms.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of six cases under the Excise Act and

                   allegation is of recovery of 872 litres of liquor from a

                   government land situated north of Morwa Raitili road.

                             4.    Learned counsel for the petitioner submits that the

                   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 public at large and he came to be implicated
Patna High Court CR. MISC. No.28434 of 2026(2) dt.29-04-2026
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          at the instance of Chowkidar with whom he is on an inimical

          term. It is next submitted that if Chowkidar was aware about

          the involvement of the petitioner in the occurrence, then why he

          did not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution. It is

          further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation. It is also submitted that petitioner earlier also in

          similar manner came to be implicated in cases relating to

          Excise.

                    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, 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. 30,000/- (Rupees

          Thirty 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 Tajpur P.S. Case No.

          45 of 2026, subject to the conditions as laid down under Section
              Patna High Court CR. MISC. No.28434 of 2026(2) dt.29-04-2026
                                                          3/3




                        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 in

                        the event if it is found that petitioner has antecedent of more than

                        six case then it would be presumed that petitioner, for the purposes

                        of seeking anticipatory bail, had concealed his antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed, but after verification if it is found that petitioner has

                        antecedent of six cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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