Patna High Court
Raja Kumar @ Raja Babu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted provisionally, subject to verification of the petitioner’s criminal antecedent, under Section 482(2) of the BNSS.
Summary
The petitioner, Raja Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 54.9 litres of liquor from a bush. He argued that he was not arrested at the spot, that the liquor was not in his conscious possession, and that the informant who named him was not disclosed in the FIR, raising doubts about the prosecution's case. The State opposed the bail, contending that the petitioner had a prior excise case. The Court granted provisional anticipatory bail, subject to a Rs.5,000 bond and two sureties, and directed the trial court to verify the petitioner’s criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed forthwith.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act?
- Whether the lack of disclosure of the informant in the FIR and absence of recovered liquor in the petitioner’s possession affect the bail decision?
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Substances Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- Section 482(2)
- criminal antecedent
- FIR disclosure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40569 of 2026
Arising Out of PS. Case No.-223 Year-2026 Thana- CHHATAUNI District- East Champaran
======================================================
Raja Kumar @ Raja Babu Kumar S/O Mahendra Mahto R/V - Mathiya dhi, P.
S - Chatauni District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Raj Singh
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Chandra Bhushan Prasad.
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 the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 54.9 litres of liquor from a bush.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of local people, but
then the name of the person, who disclosed the name of the
Patna High Court CR. MISC. No.40569 of 2026(2) dt.24-06-2026
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petitioner, is not disclosed in the FIR, 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. 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.
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
Chhatauni P.S. Case No. 223 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 one case then it would be presumed that petitioner, for the
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
Patna High Court CR. MISC. No.40569 of 2026(2) dt.24-06-2026
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verification if it is found that petitioner has antecedent of one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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