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Patna High Court

Banti KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Banti Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 250 litres of liquor from a motorcycle. He argued that he was not caught in possession, was not the owner of the vehicle, and that the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, citing the petitioner’s antecedent of two prior cases. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and required the petitioner to deposit Rs.5,000 with the Advocates’ Association, while directing the trial court to verify his criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the excise case.
  • Whether the petitioner’s antecedent of two prior cases affects the grant of anticipatory bail.
  • Whether the absence of seizure from the petitioner’s conscious possession justifies denial of bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • criminal antecedent
  • seizure of liquor
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5035 of 2026
                     Arising Out of PS. Case No.-410 Year-2025 Thana- BAHADURPUR District- Patna
                 ======================================================
                 Banti Kumar S/o- Munna Sahni @ Munna Sahani R/o- Sandalpur PS-
                 Bahadurpur Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajanan Mishra, Advocate
                 For the Opposite Party/s :      Mr. Rajesh Kumar, APP
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 250 liters of liquor from a motorcycle.

                                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 motorcycle and came to be implicated at the

                   instance of local person, but then the name of the person who

                   disclosed the name of the petitioner is not disclosed in the FIR
Patna High Court CR. MISC. No.5035 of 2026(2) dt.02-02-2026
                                            2/3




          which casts an aspersion on the case of the prosecution. It is

          also submitted that of late police has started implicating accused

          persons in a case relating to excise who have antecedent from

          before.

                       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.

          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

          Bahadurpur P.S. Case No. 410 of 2025 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 two 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.5035 of 2026(2) dt.02-02-2026
                                                        3/3




                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      5000/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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