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Patna High Court

Uday KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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