Patna High Court
Bir Kumar @ Veer KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners subject to conditions under Section 438(2) CrPC, pending verification of their criminal antecedents.
Summary
The petitioners applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged recovery of 10.375 litres of liquor. They argued that they were not arrested at the spot, the liquor was not in their conscious possession, and the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed the bail. The court noted the petitioners' prior criminal antecedents and directed that provisional anticipatory bail be granted on furnishing bail bonds of Rs.15,000 each with two sureties, subject to verification of their antecedents. It further stipulated that if the petitioners have more antecedent cases than disclosed, the bail would not be confirmed. The application was allowed, granting provisional anticipatory bail pending verification.
Issues considered
- Whether anticipatory bail can be granted when the accused are not in possession of the alleged contraband and the FIR lacks disclosure of the informant.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
- Whether the conditions under Section 438(2) CrPC are satisfied in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- criminal antecedent
- FIR
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28717 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- BODHGAYA District- Gaya
======================================================
1. Bir Kumar @ Veer Kumar S/o Ramnaresh Manjhi @ Ram Naresh Manjhi
R/o Village - Mocharim, Lutan Bigha, P.S - Bodhgaya, District - Gaya
2. Bala Ji @ Abhimanyu @ Veer Abhimanyu Kumar S/o Ramnaresh Manjh @
Ram Naresh Manjhi R/o Village - Mocharim, Lutan Bigha, P.S - Bodhgaya,
District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar Singh
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of two cases out of which one
case is under the Excise Act and petitioner no.2 has antecedent
of three cases out of which two cases are under the Excise Act
and the allegation is of recovery of 10.375 litres of liquor from a
cowshed and a field on bank of lutan bigha river.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.28717 of 2026(2) dt.29-04-2026
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petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and the cowshed and
the field does not belong to the petitioner and he came to be
implicated at the instance of local person, but the name of the
person, who disclosed the name of the petitioner is not disclosed
in the F.I.R., which casts an aspersion on the case of the
prosecution. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs. 15,000/- (Rupees Fifteen Thousand) each 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 Bodhgaya P. S. Case No.122 of 2026, subject
to the conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.28717 of 2026(2) dt.29-04-2026
3/3
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioner no.1 has antecedent of more than
two cases and petitioner no.2 has antecedent of more than three
cases, then it would be presumed that petitioners for the
purposes of obtaining anticipatory bail had concealed their
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 no.1 has antecedent of
two cases only and petitioner no.2 has antecedent of three cases
only, in that event, the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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