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Patna High Court

Phool Babu @ Phool KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond and sureties, with confirmation contingent on verification of the petitioner’s criminal antecedent.

Summary

Petitioner Phool Babu, who has five prior excise cases, feared arrest in a case alleging recovery of 882 litres of liquor from a truck, claiming he was not caught in possession and was implicated by an inimical watchman. He sought anticipatory bail, arguing lack of direct evidence and mechanical police investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a Rs.25,000 bond with two sureties, subject to verification of his criminal antecedent. The court stipulated that if more than five prior cases are found, the bail would not be confirmed; if exactly five, the provisional bail would 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 Section 482(2) of the CrPC in the context of alleged excise offences.
  • Whether the petitioner’s prior criminal antecedent of five cases precludes the grant of anticipatory bail.
  • Whether the absence of seizure from the petitioner’s conscious possession justifies anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • criminal antecedent
  • Section 482
  • Bihar Excise Act
  • bond and sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44321 of 2026
                  Arising Out of PS. Case No.-42 Year-2026 Thana- KARPURIGRAM District- Samastipur
                 ======================================================
                 Phool Babu @ Phool Kumar Son of Mantun Ray Resident of village -
                 Madhopur , Police Station - Karpurigram , District - Samastipur

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mahendra Pratap
                 For the Opposite Party/s :      Mr. Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  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 Sections 30(a), 32,

                   36 and 41 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 882 liters of liquor from a truck.

                                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 to be implicated at the

                   instance of Chowkidar with whom he is on an inimical term. It

                   is also submitted that once an accused is implicated in a case
Patna High Court CR. MISC. No.44321 of 2026(2) dt.03-07-2026
                                            2/3




          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                       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.

          25000/- (Rupees Twenty 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 Karpurigram P.S. Case No. 42 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 five cases 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
            Patna High Court CR. MISC. No.44321 of 2026(2) dt.03-07-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of five

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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