Patna High Court
Banshi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of antecedent.
Summary
The petitioner, Banshi Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 108 litres of liquor from a motorcycle, though he claimed he had no conscious possession of the liquor or ownership of the vehicle. He sought anticipatory bail, arguing he has a clean antecedent and that the FIR does not disclose the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and conditions under Section 482(2) of the BNSS, and directed the trial court to verify the petitioner’s antecedent before confirming the bail. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances?
- Does the lack of disclosure of the informant in the FIR affect the merits of the bail application?
- Whether the petitioner’s alleged clean antecedent warrants provisional anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Instruments (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- Section 482(2)
- clean antecedent
- provisional bail
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37527 of 2026
Arising Out of PS. Case No.-88 Year-2026 Thana- BHAPTIAHI District- Supaul
======================================================
Banshi Kumar S/o Yogendra Ram Resident of Village- Lakshmipur
Bhaptiyahi Sarai Ward No. 09, P.S - Bhaptiyahi, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Patla Kumari
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State, Sri Chandra Bhushan Prasad.
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 is a person with clean antecedent and allegation is of
recovery of 108 litres of liquor from a motorcycle.
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 is not the owner of the
seized vehicle and 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.
Patna High Court CR. MISC. No.37527 of 2026(2) dt.17-06-2026
2/2
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 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 Bhaptiyahi P.S.
Case No. 88 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 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)
Sumit/-
U T
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