Patna High Court
Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to specified conditions and verification of his criminal antecedent.
Summary
The petitioner, Subhash Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 46 litres of liquor from a bush adjacent to his field. He argued that he was not in possession, the alleged liquor was not on his property, and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, including verification of the petitioner’s criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one, it will be confirmed. The petitioner also undertook to deposit Rs.2,500 with the High Court Legal Services Committee.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the conditions imposed, including verification of criminal antecedent, are appropriate under Section 482(2) of the BNSS.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- police investigation
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4941 of 2026
Arising Out of PS. Case No.-202 Year-2025 Thana- TARIYANI CHOWK District- Sheohar
======================================================
Subhash Kumar S/o- Jailal Paswan R/o Village - Pojhiya, P. S - Tariyani,
District - Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 46 litres of liquor from a bush
adjacent to the field of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his field, as such, he came to be
implicated at the instance of the Chawkidar but then it is
Patna High Court CR. MISC. No.4941 of 2026(2) dt.02-02-2026
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submitted that once an accused is implicated in a case relating to
excise the police start implicating mechanically either at the
instance of the Chawkidar, local person, confessional statement
or secret information without holding a proper investigation of
the case.
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, let 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.5,000/- (Rupees One 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 Tariyani
P.S. Case No. 202 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.4941 of 2026(2) dt.02-02-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2,500/- with the High Court Legal
Services Committee, Patna within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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