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Patna High Court

Aman Kumar Giri @ Aman KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, given the petitioner’s clean antecedent and lack of possession at the time of alleged seizure, provisional anticipatory bail should be granted subject to verification of antecedent.

Summary

Aman Kumar Giri applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act for alleged recovery of 45.6 litres of liquor from a motorcycle. The petitioner claimed a clean criminal record, that he was not arrested at the spot, and that the seized vehicle was not his, with the informant’s identity omitted from the FIR. The State opposed the bail. The court, noting the lack of possession, clean antecedent, and procedural deficiencies, directed the petitioner to be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his antecedent. The order stipulated that if any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in the context of alleged offences under Section 30(a) of the Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • clean antecedent
  • provisional bail
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39912 of 2026
                       Arising Out of PS. Case No.-228 Year-2025 Thana- BARHARIA District- Siwan
                 ======================================================
                 Aman Kumar Giri @ Aman Kumar S/o Arun Kumar Giri @ Arun Giri @
                 Arun Kumar R/o Village- Madhopur, PS - Barhariya, District- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar
                 For the Opposite Party/s :       Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-06-2026                  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 45.6 litres of liquor from a motorcycle.

                                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 is not the owner of

                   the seized vehicle 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
Patna High Court CR. MISC. No.39912 of 2026(2) dt.23-06-2026
                                            2/3




          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

          Barhariya P. S. Case No.228 of 2025, 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

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,
               Patna High Court CR. MISC. No.39912 of 2026(2) dt.23-06-2026
                                                           3/3




                         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/-

U          T


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