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Patna High Court

Raja Kumar @ Raja Babu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        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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