Patna High Court
Radha KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Radha Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 200 litres of liquor from a motorcycle. He contended that he was not caught in possession, was not the owner of the vehicle, and was implicated solely on the basis of a local informant whose name was omitted from the FIR, raising doubts about the prosecution's case. The petitioner sought anticipatory bail, arguing that the investigation was based on secret information without proper inquiry. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.20,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents, stating that if more than four prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused claims lack of possession and reliance on secret information.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- secret information
- police investigation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31848 of 2026
Arising Out of PS. Case No.-152 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Radha Kumar S/o- Krishan Dev Rai @ Krishna Rai R/Village- Kila Road PS-
Chowk Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases out of which two cases
are under the Excise Act and allegation is of recovery of 200
liters of liquor from a motorcycle.
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 is not the
owner of the seized motorcycle and he came to be implicated at
the instance of local person, but then the name of the person
Patna High Court CR. MISC. No.31848 of 2026(2) dt.12-05-2026
2/3
who disclosed the name of the petitioner is not disclosed in the
FIR which casts an aspersion on the case of the prosecution,
when petitioner has not been implicated based on secret
information. It is also 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.
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.
20000/- (Rupees Twenty 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
Malsalami P.S. Case No. 152 of 2026 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
Patna High Court CR. MISC. No.31848 of 2026(2) dt.12-05-2026
3/3
in the event if it is found that petitioner has antecedent of more
than four cases 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 four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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