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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Deepak Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging violations of Sections 30(a), 32, 36 and 41 of the Excise Act, involving the alleged recovery of 882 litres of liquor from a truck. He contended that he was not arrested at the scene, had no conscious possession of the liquor, was not the owner of the vehicle, and was implicated by a watchman with whom he has a personal dispute. The State opposed the bail, arguing the seriousness of the offences. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged excise offences.
  • Whether the petitioner is likely to flee or tamper with evidence, justifying denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act offences
  • Section 438 CrPC
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37440 of 2026
                  Arising Out of PS. Case No.-42 Year-2026 Thana- KARPURIGRAM District- Samastipur
                 ======================================================
                 Deepak Kumar Son of Rajendra Singh Resident of Village- Singhia Khurd,
                 P.S.- Karpurigram, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Brajesh Kumar Singh
                 For the Opposite Party/s :      Mr.Brajendra Nath Pandey
                 ======================================================
                 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

                   Sections 30(a), 32, 36 and 41 of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases under the Excise Act

                   and allegation is of recovery of 882 litres of liquor from a 12

                   wheeler truck.

                                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 truck and he came to be implicated at the instance of

                   Chaukidar with whom he is on an inimical term. It is also
Patna High Court CR. MISC. No.37440 of 2026(2) dt.16-06-2026
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          submitted that since Chaukidar got the petitioner implicated as

          such the police also made the apprehended accused confessed

          the name of the petitioner. 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.10,000/- (Rupees Ten 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 Karpurigram P. S. Case No.42 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
               Patna High Court CR. MISC. No.37440 of 2026(2) dt.16-06-2026
                                                           3/3




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

                         found that petitioner has antecedent of more than two cases,

                         then it 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 has antecedent of two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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