Created by Fuzzy Cloud

Patna High Court

Subhash Mishra @ Subhash Kumar MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Subhash Mishra, sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise Act for alleged recovery of 1.5 litres of liquor from a truck. He argued that he was not in possession of the liquor, was not the owner of the vehicle, and was implicated solely on secret information without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. If the verification shows more than three prior cases, the bail will not be confirmed; if only three, it will be confirmed. The order is made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act
  • Whether the conditions imposed by the Court, including verification of prior criminal antecedent, are lawful

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • secret information
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37004 of 2026
                    Arising Out of PS. Case No.-120 Year-2026 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Subhash Mishra @ Subhash Kumar Mishra S/O Kashinath Mishra @ Kasi
                 Mishra Resident of Village - Sudai Ratauli, P.S- Phulparas,Dist- Madhubani
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramchandra Jha Raman, Advocate
                 For the Opposite Party/s :       Ms. Renuka Ratanakar, A.P.P.
                 ======================================================
                 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 Sections 30(a),

                   38(1) and 41(1) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 1.5 litres of liquor from a truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the secret information which is the

                   easiest way to implicate someone. It is next submitted that once

                   an accused is implicated in a case relating to excise the police
Patna High Court CR. MISC. No.37004 of 2026(2) dt.16-06-2026
                                            2/3




          start implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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 appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds 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 Phulparas P.S.

          Case No. 120 of 2026, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than

          three cases, it would be presumed that petitioner had concealed

          his antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.37004 of 2026(2) dt.16-06-2026
                                                       3/3




                     petitioner has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.