Patna High Court
Ashok NatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail may be granted under Section 438 CrPC, subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ashok Nat Dhuman Nat, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act. He argued that the alleged 8‑litre liquor was recovered from a place adjacent to his house, not from his possession, and that the informant (a watchman) had not reported the matter earlier, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, applying Section 438(2) of the Criminal Procedure Code, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs 5,000 with two sureties, subject to verification of his criminal antecedents. The court warned that if more than one prior case is found, the provisional bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The application was allowed, granting provisional anticipatory bail with conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
- Whether the absence of possession of the alleged contraband justifies anticipatory bail.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Section 438
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39364 of 2026
Arising Out of PS. Case No.-155 Year-2026 Thana- JALALPUR District- Saran
======================================================
Ashok Nat Dhuman Nat Resident of Village - Mangolapur, P.S.- Jalalpur,
District - Saran (Chapra)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Raj
Mr. Sachida Nand Rai
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 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 has antecedent of one case under the Excise Act
and allegation is of recovery of 08 litres of liquor from a place
in front of 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
Patna High Court CR. MISC. No.39364 of 2026(2) dt.22-06-2026
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but then is adjacent to his house and he came to be implicated at
the instance of Chaukidar/local person. It is further submitted
that if Chaukidar/local person 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.5,000/- (Rupees Five 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 Jalalpur P. S. Case No.155 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
Patna High Court CR. MISC. No.39364 of 2026(2) dt.22-06-2026
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found that petitioner has antecedent of more than one case, 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 only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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