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Patna High Court

Akhilesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Akhilesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 5,265 litres of liquor and 10,800 kg of onions from a truck. He argued that he had no prior criminal record, was not in possession of the seized goods, and was not the owner of the truck, asserting that his implication was merely based on suspicion. The State opposed the bail, contending the seriousness of the offence. The Court, noting the petitioner’s clean antecedent and lack of direct possession, granted provisional anticipatory bail conditioned on a Rs. 500 bond with two sureties and subject to verification of his criminal record within six weeks. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, but if the antecedent remains clean, the provisional bail would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s lack of possession and clean antecedent justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40878 of 2026
                       Arising Out of PS. Case No.-121 Year-2024 Thana- DUMRAO District- Buxar
                 ======================================================
                 Akhilesh Kumar Son of Santlal Rai R/O- Munsurpur, Maricha, Police Station
                 - Mahua, District - Vaishali.
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026                   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 is a person with clean antecedent and allegation is of

                   recovery of 5265 liters of liquor from a truck along with 10800 kg of

                   Onion.

                                 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 is not the owner of the

                   seized truck and he came be implicated during the course of

                   investigation based on suspicion. It is next submitted that Krishna

                   Nandan was apprehended, but he did not disclose the name of the

                   petitioner.
            Patna High Court CR. MISC. No.40878 of 2026(2) dt.30-06-2026
                                                        2/2




                                   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. 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 Dumraon P.S. Case No. 121 of 2024 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 even 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 verification if 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)
Rishabh/-

U      T


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