Patna High Court
Sanket Kumar @ PrinceversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Sanket Kumar, was implicated in an Excise Act case (Section 30(a)) for the alleged recovery of 6.105 litres of liquor from a location adjacent to his house. He applied for anticipatory bail, asserting a clean criminal record and arguing that the alleged liquor was not in his possession and that the informant’s identity was undisclosed in the FIR. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to the petitioner furnishing bail bonds of Rs.500 with two sureties and complying with conditions under Section 438(2) of the Cr.P.C. The order also directed the trial court to verify the petitioner’s antecedent, with confirmation of bail contingent upon a clean record.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in a case where the alleged contravention involves recovery of liquor not in the accused's possession.
- Whether the lack of disclosure of the informant’s identity in the FIR affects the validity of the prosecution’s case for denying bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Criminal antecedent
- Section 438
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38323 of 2026
Arising Out of PS. Case No.-2466 Year-2023 Thana- Excise P.S. District- Purnia
======================================================
Sanket Kumar @ Prince S/o Sri Vijay Paswan Resident of Village - Bangali
Tola, Ward no. 43, P.S. - Muffasil, Dist. - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Anand
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 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 6.105 litres of liquor from a place behind the
house of the petitioner.
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, but then, is adjacent to his house and he came to be
Patna High Court CR. MISC. No.38323 of 2026(2) dt.17-06-2026
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implicated at the instance of local person, but the name of the
person, who disclosed the name of the petitioner is not disclosed
in the F.I.R., 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. 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
Excise P. S. Case No.2466 of 2023, 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.38323 of 2026(2) dt.17-06-2026
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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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