Patna High Court
Mohit Kumar @ BhondaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Mohit Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging that the alleged offence involved recovery of 1.5 litres of liquor from a cowshed and that no liquor was seized from his possession. He argued that the cowshed was outside his house, the FIR did not name the informant, and there was no direct evidence linking him to the contraband. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the lack of seizure from the petitioner’s possession and the omission of the informant’s name in the FIR affect the bail application.
- Whether the petitioner’s prior criminal antecedent influences the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- high court order
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36928 of 2026
Arising Out of PS. Case No.-530 Year-2024 Thana- JAKKANPUR District- Patna
======================================================
Mohit Kumar @ Bhonda S/o Srikant Rai @ Sri Kant Rai R/o Chandpur Bela,
P.S.- Jakkanpur, District- Patna (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Achintya Anand
For the Opposite Party/s : Mr.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 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 the
petitioner has antecedent of one case under the Excise Act
antecedent and allegation is of recovery of 1.5 litres of liquor
from a cowshed.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and the cowshed is a
place outside the house. It is next submitted that no prudent
person would use his own premises for committing an
Patna High Court CR. MISC. No.36928 of 2026(2) dt.16-06-2026
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occurrence and thus would create evidence against himself and
hence would get implicated, it is further submitted that he came
to be implicated at the instance of local people, but then the
name of the person, 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.
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.
5,000/- (Rupees Five 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
Jakkanpur P.S. Case No. 530 of 2024 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
Patna High Court CR. MISC. No.36928 of 2026(2) dt.16-06-2026
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than one case 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 one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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