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Patna High Court

Anshu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to a bail bond, sureties, and verification of the petitioner’s antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Anshu Kumar, sought anticipatory bail after the police alleged that 78.55 litres of liquor were recovered from a semi‑constructed house allegedly belonging to him, based on a confessional statement of his brother amid a property dispute. The petitioner claimed he had a clean criminal record and that the liquor was not found in his conscious possession nor on his property. The State opposed the bail, arguing the seriousness of the offence under Section 30(a) of the Bihar Excise Act. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a modest bail bond and two sureties, subject to verification of the petitioner’s antecedent under Section 482(2) of the BNSS. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed upon verification.

Issues considered

  • Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Excise Act where the alleged contraband was not found in the petitioner's possession.
  • Whether the petitioner's clean antecedent justifies the grant of anticipatory bail.
  • Whether verification of the petitioner's criminal antecedent under Section 482(2) of the BNSS is a condition for confirming anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • clean antecedent
  • property dispute
  • provisional bail
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2939 of 2026
                       Arising Out of PS. Case No.-145 Year-2025 Thana- SRIPUR District- Gopalganj
                 ======================================================
                 Anshu Kumar S/O Shambhu Chauhan Resident of village- Rakba Khap, P.S.-
                 Sripur, Dist.- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Umesh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Uday Chand Prasad, APP
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 78.55 liters of liquor from semi constructed house

                   of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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 police in a mechanical manner implicated the petitioner
Patna High Court CR. MISC. No.2939 of 2026(2) dt.28-01-2026
                                            2/3




          based on confessional statement of his brother, Anil, with whom

          he is having property dispute in a mechanical manner without

          holding a proper investigation, when petitioner admittedly is a

          person with clean antecedent.

                       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.

          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 Sripur

          P.S. Case No. 145 of 2025 subject to the conditions as laid down

          under Section 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 even

          one 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
            Patna High Court CR. MISC. No.2939 of 2026(2) dt.28-01-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      1500/- with Lawyers’ Association, Patna High Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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