Patna High Court
Om Prakash Kumar @ Om Prakash Ray @ Om Prakash YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.
Summary
The petitioner, Om Prakash Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 790.56 litres of liquor from an orchard not owned by him, claiming he was implicated solely on the basis of a chowkidar's information without any material seized from his possession. He applied for anticipatory bail, arguing that the investigation was mechanically initiated and that he had only one prior excise case. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the BNSS. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The petitioner was also directed to deposit Rs.2,500 with the High Court Legal Services Committee within two weeks.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act?
- Whether the petitioner’s prior criminal antecedent (more than one case) affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- police investigation
- chowkidar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5748 of 2026
Arising Out of PS. Case No.-515 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Om Prakash Kumar @ Om Prakash Ray @ Om Prakash Yadav Son of Ram
Chandra Ray Resident of village - Ginjas, P.S.- Jaintpur, District -
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 one case under the excise act and
allegation is of recovery of 790.56 liters of liquor from an
orchard.
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 even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.5748 of 2026(2) dt.03-02-2026
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and he came to be implicated at the instance of Chowkidar. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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.
5,000/- (Rupees Five 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 Paroo
P.S. Case No. 515 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 one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.5748 of 2026(2) dt.03-02-2026
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purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case 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.
2500/- with the High Court Legal Services Committee, Patna
within a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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