Patna High Court
Nirmal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with the stipulated conditions.
Summary
The petitioners, Nirmal Kumar and Harendra Ram, were implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 250 litres of liquor from a sack. They contended that they were not apprehended at the spot, had no conscious possession of the liquor, and were implicated solely on the information of a local person. The State opposed their prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 each with two sureties and a condition that the trial court verify their criminal antecedents within six weeks. The order further stipulated that if petitioner 1 is found to have more than one prior case or petitioner 2 any prior case, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The petitioners were also directed to deposit Rs.2,500 with the Lawyers’ Association within two weeks.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in a case under Section 30(a) of the Bihar Excise Act.
- Whether the lack of apprehension at the spot and absence of conscious possession justify the grant of anticipatory bail.
- Whether the court may condition anticipatory bail on verification of the petitioners' criminal antecedents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- excise law
- Section 30 Bihar Excise Act
- criminal antecedent
- bail conditions
- Section 438 CrPC
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5767 of 2026
Arising Out of PS. Case No.-457 Year-2025 Thana- MUFFASIL District- Aurangabad
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1. Nirmal Kumar S/o Rajendra Chaudhari R/o vill - Rediya, P.O.- Kapasiya,
P.S.- Muffasil, Distt.- Aurangabad, Bihar
2. Harendra Ram @ Harendra Kumar S/o Bisunpat Ram R/o vill - Rediya,
P.O.- Kapasiya, P.S.- Muffasil, Distt.- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamlendra Prasad Singh, 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 petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case under the excise act
and petitioner no. 2 is a person with clean antecedent and
allegation is of recovery of 250 liters of liquor from a sack.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.5767 of 2026(2) dt.03-02-2026
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recovery is from a place which does not belong to the
petitioners and they came to be implicated at the instance of
local person, but then it is 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. It is also submitted that
petitioner no. 2 in a similar manner came to be implicated at the
instance of local person, when he is a person with clean ante\.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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
Muffasil P.S. Case No. 457 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
Patna High Court CR. MISC. No.5767 of 2026(2) dt.03-02-2026
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Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that petitioner no. 1 has antecedent of
more than one case and petitioner no. 2 has antecedent of even
one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner no. 1 has antecedent of
one case only and petitioner no. 2 is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the
petitioners, based on instruction, undertakes to deposit an
amount of Rs. 2500/- with Lawyers’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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