Patna High Court
Banti KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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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