Patna High Court
Ashwani Kumar @ MantuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Ashwani Kumar, feared arrest in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act alleging recovery of large quantities of beer and liquor from a location not in his possession. He argued that the police relied on secret information without proper investigation and that nothing was seized from his conscious possession. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedent. If the verification shows more than three prior cases, the bail will not be confirmed; if only three, it will be confirmed. The order is made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Smuggled Substances Act.
Issues considered
- What is the appropriate exercise of discretion by the Court in granting anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act?
- Whether the petitioner’s alleged lack of possession and the manner of investigation justify the grant of anticipatory bail?
Legislation cited
- Bihar Narcotic and Smuggled Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31210 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- MEHANDIGANJ District- Patna
======================================================
Ashwani Kumar @ Mantu Son of Shyam Sundar Prasad Resident of Kath Ka
pul Goraiya Sthan, Police Station- Mehdiganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhesh Kumar, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-06-2026 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 Sections 30(a) and
41(1) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 1908 litres of beer along with 615.24
litres of liquor from Maheshpur Bari Akhara.
4. 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 the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
implicated based on the secret information which is the easiest
Patna High Court CR. MISC. No.31210 of 2026(3) dt.22-06-2026
2/3
way to implicate someone. It is further submitted that once an
accused is implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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 appearing on behalf of the petitioner, let 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.15,000/-
(Rupees Fifteen 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 Mehadiganj P.S.
Case No. 87 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than
three cases, it would be presumed that petitioner had concealed
his antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.31210 of 2026(3) dt.22-06-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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