Created by Fuzzy Cloud

Patna High Court

Ajay Kumar @ Ajay YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
             Patna High Court CR. MISC. No.4744 of 2026(2) dt.31-01-2026
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.