Patna High Court
Krishna Pasi @ Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the petitioner’s clean antecedent and lack of arrest or possession of the alleged liquor, provisional anticipatory bail under Section 438 CrPC may be granted, subject to verification of antecedent.
Summary
Krishna Pasi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of liquor from locations not belonging to him and asserting that he was not arrested and has a clean antecedent. The petitioner’s counsel argued that no liquor was found in his possession and that the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for alleged offences under Section 30(a) of the Excise Act.
- Whether the petitioner’s clean antecedent and lack of arrest justify the grant of anticipatory bail.
- Whether the omission of the informant’s identity in the FIR affects the validity of the prosecution’s case.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- liquor seizure
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39368 of 2026
Arising Out of PS. Case No.-136 Year-2026 Thana- KARAKAT District- Rohtas
======================================================
Krishna Pasi @ Krishna Kumar S/o Satan Pasi @ Satyanarayan Chaudhary @
Satan Choudhary. RO Village- Jaysaree, PS- Karakat, District- Rohtas Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarfraz Ahmad
For the Opposite Party/s : Mr.Rajendra Singh
======================================================
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 is a person with clean antecedent and allegation is
of recovery of 77.76 litres of liquor from a place in front of
house of Bhuli Chaudhary, 34.560 litres of liquor from a place
near drain in front of house of Vindhyachal Chaudhary and
112.320 litres of liquor from a place behind a brick-kiln.
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
Patna High Court CR. MISC. No.39368 of 2026(2) dt.22-06-2026
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recovery is from a place, which does not belong to the petitioner
and he came to be 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 and is a person with clean
antecedent.
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
Karakat P. S. Case No.136 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.39368 of 2026(2) dt.22-06-2026
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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 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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