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Patna High Court

Nirmal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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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