Patna High Court
Akshay DomversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
The petitioner, Akshay Dom, feared arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 166 litres of liquor, of which 70 litres were found on a road in front of his house, not in his possession. He has two prior criminal cases, one also under the Excise Act. He applied for anticipatory bail, arguing lack of direct involvement and insufficient investigation. The State opposed the bail. The High Court granted provisional anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedent; if more than two prior cases are found, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent disqualifies him from obtaining anticipatory bail.
- Whether the recovery of liquor from a location adjacent to the petitioner’s house justifies denial of bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 30
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32887 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- Kaler District- Arwal
======================================================
Akshay Dom S/o Late Sanjay Dom R/o Village - Agnur, P.S.- Kaler, District-
Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh
For the Opposite Party/s : Mr. Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 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 two cases out of which one case is
under the Excise Act and allegation is of recovery of 166 liters
of liquor from three different places.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession, but then 70 liters
of liquor is alleged to have been recovered from a road in front
of the house of the petitioner, as such, the said recovery was also
Patna High Court CR. MISC. No.32887 of 2026(2) dt.14-05-2026
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from a place which does not belong to the petitioner, but then is
adjacent to his house and he has no concern or relation with
Bhola and Sanoj and he came to be implicated based on secret
information which is the easiest way to implicate someone
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.
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 Kaler
P.S. Case No. 02 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 in the
event if it is found that petitioner has antecedent of more than two
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
Patna High Court CR. MISC. No.32887 of 2026(2) dt.14-05-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of two cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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