Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) Cr.P.C.
Summary
The petitioners, Ashish Kumar and Sahib Kumar, were implicated in a case under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act for allegedly possessing 7.38 litres and 18.56 litres of liquor recovered from two motorcycles. They argued that they have no prior criminal record, were not arrested at the spot, are not owners of the motorcycles, and were implicated based on unnamed local information, which they claimed undermines the prosecution's case. The State opposed the anticipatory bail application. The High Court, applying Section 438(2) of the Criminal Procedure Code, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their antecedent by the trial court. The order stipulated that if any criminal antecedent is discovered, the bail would be revoked; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C.
- Whether the petitioners have a clean criminal antecedent warranting bail.
- Whether the allegations based on unnamed informant affect the merits of the bail application.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- clean antecedent
- bail conditions
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44315 of 2026
Arising Out of PS. Case No.-157 Year-2026 Thana- MIRGANJ District- Gopalganj
======================================================
1. Ashish Kumar Son of Satan Sah @ Shadan Shah Resident of - Ward No. 18,
Mirganj Keshari Mohalla, P.S.- Mirganj, District - Gopalganj.
2. Sahib Kumar @ Saheb Kumar @ Atish Kumar Son of Ramjeet Prasad
Resident of - Ward No. 18, Mirganj Keshari Mohalla, P.S.- Mirganj, District
- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Dwivedi
For the Opposite Party/s : Mr.Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-07-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 317(5) of the B.N.S. and Section 30(a) of the Excise
Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 7.38 litres of liquor from a
motorcycle and 18.56 litres of liquor from another motorcycle.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.44315 of 2026(2) dt.07-07-2026
2/3
recovered from their conscious possession and are not the owner
of any of the seized motorcycles and he came to be implicated at
the instance of local person, but the name of the person, who
disclosed the name of the petitioner is not disclosed in the F.I.R.,
which casts an aspersion on the case of the prosecution, when
petitioners have not been implicated based on secret information
and are persons with clean antecedent. It is further submitted
that the apprehended accused also has not named the petitioners.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each 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 Mirganj P. S. Case No.157 of 2026, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.44315 of 2026(2) dt.07-07-2026
3/3
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, it is found that petitioners are persons with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.