Patna High Court
Ajay Kumar @ Ajay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to the petitioner furnishing bail bonds and verification of antecedents, with confirmation if antecedents do not exceed two cases.
Summary
The petitioner, Ajay Kumar, sought anticipatory bail fearing arrest in a case registered under IPC Sections 272 and 273 and the Bihar Prohibition and Excise Amendment Act, alleging that the alleged liquor and Mahua Jaggery solution were not recovered from his possession. He has two prior excise cases and contended that the investigation was mechanically initiated without proper inquiry. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on condition that the petitioner deposit a bail bond of Rs.10,000 with two sureties and that the trial court verify his criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the bail would be confirmed. The petitioner was also directed to deposit Rs.2,500 with the Lawyers’ Association within two weeks.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under IPC Sections 272, 273 and the Bihar Prohibition and Excise Amendment Act.
- Whether the petitioner’s antecedent of two prior excise cases precludes the grant of anticipatory bail.
- What conditions may be imposed under Section 482(2) of the CrPC for provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Amendment Act
- Section 482 CrPC
- criminal antecedent
- provisional bail
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4744 of 2026
Arising Out of PS. Case No.-364 Year-2020 Thana- ATRI District- Gaya
======================================================
Ajay Kumar @ Ajay Yadav Son of Indradeo Yadav Resident of Village -
Bisaar, P.S.- Wazirganj, Dist.- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pushp Raj Singh
For the Opposite Party/s : Mr. Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 Sections 272, 273 of
the IPC & Sections 30(a)(d) of Bihar Prohibition and Excise
Amendment Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 20 litres of liquor from two different
places along with 3450 litres of Mahua Jaggery solution which
was destroyed, out of which 3000 litres was destroyed. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to
Patna High Court CR. MISC. No.4744 of 2026(2) dt.31-01-2026
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the petitioner and is accessible to villagers at large and he came
to be implicated at the instance of chowkidar but then it is
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically 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 before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten 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 Atri P.S.
Case No.364/2020, 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
two cases, in that event, it would be presumed that petitioner
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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 two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction undertakes to deposit an amount of
Rs.2500/- with Lawyers’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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