Patna High Court
Polu Kumar @ Poloo KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted where the petitioner has a clean antecedent and no conscious possession of the alleged contraband, subject to verification of antecedent.
Summary
Petitioner Polu Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with an FIR alleging violation of Section 30(a) of the Excise Act for allegedly recovering 105 litres of liquor from a river bank. The petitioner argued that he has a clean antecedent, was not arrested, and had no conscious possession of the liquor, which was recovered from a public place. The State opposed the bail, contending that the offence is non‑bailable. The Court examined the submissions, noted the lack of possession and the petitioner’s clean record, and directed that provisional anticipatory bail be granted subject to bail bonds and verification of antecedents. The order also stipulated that if any prior case is discovered, the bail would be withdrawn, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act
- Whether the absence of conscious possession and the public nature of the alleged contraband affect the grant of anticipatory bail
- Whether the petitioner’s criminal antecedent influences the decision on anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- possession
- public place
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37435 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- NARDIGANJ District- Nawada
======================================================
Polu Kumar @ Poloo Kumar Son of Mahendra Chaudhary Resident Of
Village- Ichua Ps -Nardiganj District -Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 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
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 105 litres of liquor from bank of river at village
Icchua.
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 even alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.37435 of 2026(2) dt.16-06-2026
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at the instance of Chaukidar with whom he is on an inimical
term. It is further submitted that if Chaukidar was aware of the
involvement of the petitioners in the occurrence, then why he
did not inform the police prior to institution of the present F.I.R.,
which casts an aspersion on the case of the prosecution.
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.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
Nardiganj P. S. Case No.50 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 even one case, then it
Patna High Court CR. MISC. No.37435 of 2026(2) dt.16-06-2026
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would be presumed that petitioner for the purposes of 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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