Patna High Court
Subhsh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
The petitioner, Subhash Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 175.230 litres of liquor. He argued that he was not apprehended at the spot, no liquor was found in his possession, and the alleged recovery occurred on land not owned by him, implicating him through a hostile chowkidar. The State opposed the bail, contending the seriousness of the offence. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and directed verification of the petitioner’s criminal antecedents, noting that more than four prior cases would lead to revocation. The Court also permitted correction of the petitioner’s name in the record.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s criminal antecedent warrants denial of bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- provisional bail
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39396 of 2026
Arising Out of PS. Case No.-83 Year-2026 Thana- BOCHAHAN District- Muzaffarpur
======================================================
Subhsh Kumar Son of Deva Sahni @ Reva Sahni Resident of Village -
Karanpur Dakshini, P.S.- Bochahan, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
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
petitioner has antecedent of four cases out of which three cases
are under the Excise Act and allegation is of recovery of
175.230 liters of liquor from a bush.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
and is accessible to villagers at large and he came to be
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implicated at the instance of Chowkidar with whom he is on an
inimical term. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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 before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
20000/- (Rupees Twenty 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
Bochahan P.S. Case No. 83 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 more
than four cases then it would be presumed that petitioner, for the
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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 has antecedent of four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel appearing on
behalf of the petitioner submits that while describing the
petitioner, inadvertently he has been described as ‘Subhsh
Kumar’ when his name is ‘Subhash Kumar’, as such, seeks
permission to rectify the name of the petitioner in the
description portion.
9. Permission is accorded.
(Satyavrat Verma, J)
Rishabh/-
U T
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