Patna High Court
Phool Babu @ Phool KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 32, 36, 41
- Criminal Procedure Code — s. 482(2)
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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