Patna High Court
Dablu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Dablu Kumar, sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise Act for alleged possession of 1,093.01 litres of liquor recovered from a room in a shop run by his brother. He argued that he was not arrested at the scene, no liquor was found in his immediate possession, and the premises were a joint family property, making it uncertain that he had knowledge or control over the liquor. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior eight cases under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.40,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than eight prior cases are found, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act given the alleged recovery of liquor and his prior criminal antecedents.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- joint family property
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56486 of 2025
Arising Out of PS. Case No.-325 Year-2025 Thana- EXCISE DANAPUR District- Patna
======================================================
Dablu Kumar S/o- Late Ram Prasad Saw Village- Satyendra Nagar, W.No-18,
Ps- Maner Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Kumar Ranjan
For the Opposite Party/s : Ms. Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-01-2026 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 30(a), 32(3)
and 62 of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases under the Excise Act and
allegation is of recovery of 1093.01 litres of liquor from a room
situated at south side of the shop run by Shankar Kumar. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
he came to be implicated based on the fact that he is brother of
Shankar. It is also submitted that the house in question is a joint
family property where the shop is also situated as such it cannot
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be alleged with certainty that it was petitioner, who had kept the
liquor in the room or the liquor kept in the room was within his
knowledge. It is next submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically and in the instant case the petitioner
came to be implicated based on secret information which is the
easiest way to implicate someone.
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.40,000/- (Rupees forty 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
Excise Danapur P.S. Case No.325/2025, 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
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eight cases, in that event, it would be presumed that petitioner
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 eight
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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