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Patna High Court

Ranjan Kumar @ Lallu @ UlluversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s criminal antecedent.

Summary

Petitioner Ranjan Kumar applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with offences under Sections 30(a) and 47 of the Excise Act, alleging recovery of 450 litres of liquor from a motorcycle. He claimed he was not arrested on the spot, had no conscious possession of the liquor, and was implicated based on secret information. The State opposed the bail, citing his prior criminal antecedent of three cases, two of which are under the Excise Act. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to verification of his antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted in view of the alleged offences under the Excise Act and the petitioner’s prior criminal antecedent.
  • Whether the absence of arrest at the spot and lack of conscious possession affect the grant of anticipatory bail.
  • What conditions under Section 438(2) of the Cr.P.C. are applicable to the provisional bail order.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • criminal antecedent
  • provisional bail
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35026 of 2026
                       Arising Out of PS. Case No.-62 Year-2026 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Ranjan Kumar @ Lallu @ Ullu S/o Siddheswar Yadav @ Siddeswar Prasad
                 R/o Village- Fatehpur, P.S.- Akbarpur, District- Nawada,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Man Mohan Kumar
                 For the Opposite Party/s :        Mr.Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026                  1. Heard      learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) and 47 of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases out of which two

                   cases are under the Excise Act and allegation is of recovery of

                   450 litres of liquor from a motorcycle.

                                4. The learned counsel for the petitioner submits 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 and he came to be implicated based on

                   secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.35026 of 2026(2) dt.29-06-2026
                                            2/3




          someone. It is next submitted that police in majority of cases

          implicating innocent persons either at the behest of Chaukidar,

          local person, secret information and confessional statement in a

          mechanical manner without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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 Nawada Excise P. S. Case No.62 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than three cases,

          then it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.35026 of 2026(2) dt.29-06-2026
                                                           3/3




                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of three cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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