Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Subodh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where liquor was allegedly recovered from a motorcycle, a house, and a washroom. He contended he had no possession of the liquor, was not the owner of the seized motorcycle, and was implicated solely by a hostile chowkidar, raising doubts about the prosecution's case. The State opposed the bail, arguing the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. It further held that if more than two prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only two antecedent cases are verified.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code of Criminal Procedure in the context of alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged lack of possession and the manner of his implication by a chowkidar justify the grant of anticipatory bail.
- How the petitioner’s criminal antecedents affect the confirmation of the provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29977 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- GORAUL District- Vaishali
======================================================
Subodh Kumar S/O Ramekwal Chaurasiya R/O Vill.- Dhane Goraul, P.S.-
Goraul, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar
For the Opposite Party/s : Mr. Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 12 litres of liquor from a motorcycle,
7.5 litres of liquor from house of Rahul and 580.510 litres of
liquor from washroom of Deo Narayan Bhagat. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and is not
the owner of the seized motorcycle nor has any concern or
relation with Rahul and Deo Narayan but then he came to be
Patna High Court CR. MISC. No.29977 of 2026(2) dt.06-05-2026
2/3
implicated at the instance of chowkidar with whom he is on an
inimical term. It is next submitted that if chowkidar was aware
of 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
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten 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 Goraul P.S. Case No.122/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.29977 of 2026(2) dt.06-05-2026
3/3
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…