Patna High Court
Uday KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of antecedents, with confirmation contingent on the petitioner having no more than three prior cases.
Summary
The petitioner, Uday Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 50 litres of liquor were allegedly recovered from a motorcycle. He argued that he was not caught in possession, was not the vehicle's owner, and was implicated solely on a confessional statement of a local person, despite having three prior excise cases. The State opposed the bail. The High Court granted provisional anticipatory bail, conditioning it on a bail bond of Rs.15,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents. If more than three prior cases are found, the bail will not be confirmed; if exactly three, it will be confirmed. The order was made under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances described
- Whether the petitioner’s prior criminal antecedents affect the grant or confirmation of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Bihar Prohibition and Excise Act
- confessional statement
- criminal antecedents
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42434 of 2026
Arising Out of PS. Case No.-94 Year-2026 Thana- NAYAGAON District- Saran
======================================================
Uday Kumar S/o Jangali Ray @ Jungli Ray R/o Village - Bariyarchak, P.S -
Nayagaon, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar
For the Opposite Party/s : Mr. Sanjay 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 50 litres of liquor from a motorcycle.
It is next submitted 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 based on confessional statement of local person but
then it is submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
Patna High Court CR. MISC. No.42434 of 2026(2) dt.30-06-2026
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either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Rupees fifteen 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 Nayagaon P.S. Case No.94/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
Patna High Court CR. MISC. No.42434 of 2026(2) dt.30-06-2026
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be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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