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Patna High Court

Ankaj Kumar @ Angad KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties, and verification of antecedent.

Summary

Ankaj Kumar was implicated in an excise case (PS Case No. 83 of 2026) for allegedly possessing 305.64 litres of liquor recovered from a straw shed. He pleaded that he has a clean antecedent, was not caught in possession, and that the straw shed is a communal area possibly used to frame him. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that Kumar furnish a bail bond of Rs. 500 with two sureties and appear before the trial court within six weeks. The order also directed the trial court to verify his criminal antecedent, with the proviso that the bail may be revoked if any prior case is discovered.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the applicable provisions in an excise offence under Section 30(a) of the Bihar Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • clean antecedent
  • bail conditions
  • straw shed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35296 of 2026
                       Arising Out of PS. Case No.-83 Year-2026 Thana- Excise P.S. District- Saharsa
                 ======================================================
                 Ankaj Kumar @ Angad Kumar S/o Biren Yadav @ Birendra Yadav R/o
                 Village - Nandaloi, Naryanpur Narha Tola, Ward no. 1, PS - Bihra, Dist. -
                 Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashok Kumar
                 For the Opposite Party/s :         Ms. Shaheen Begum
                 ======================================================
                 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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 305.64 liters of liquor from a straw shed.

                                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 straw house is

                   a place outside the house in the orchard and thus is accessible to

                   villagers at large. It is also submitted that it does not appear
Patna High Court CR. MISC. No.35296 of 2026(3) dt.22-06-2026
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          probable that petitioner would have used his own straw house

          for committing an occurrence and thus would create evidence

          against himself and hence would get implicated, it is also

          submitted that it appears that someone inimical to the family

          concealed the liquor and the petitioner along with his family

          members came to be implicated at the instance of local person,

          but then it is reiterated and submitted that petitioner is a person

          with clean antecedent.

                       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.

          500/- (Rupees Five Hundred) 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 Excise

          P.S. Case No. 83 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 even one case
            Patna High Court CR. MISC. No.35296 of 2026(3) dt.22-06-2026
                                                        3/3




                      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 is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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