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Patna High Court

Gaurav Kumar @ Butan SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted subject to conditions and that verification of the petitioner’s antecedents will determine the final confirmation of bail.

Summary

The petitioner, Gaurav Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where six litres of liquor were allegedly recovered from a scooty not owned by him. He argued that the seizure was based on secret information and that no liquor was found in his possession, despite having five prior cases under the Excise Act. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition of a Rs.25,000 bond with two sureties, subject to Section 482(2) of the B.N.S.S., and directed the trial court to verify his criminal antecedents. If more than five prior cases are found, the bail will not be confirmed; if five or fewer, it will be confirmed. The order thus balances the petitioner’s claim of lack of direct involvement with the State’s concern over his criminal history.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise Act.
  • Whether the presence of five prior cases under the Excise Act affects the grant of anticipatory bail.
  • Whether reliance on secret information and lack of seizure from the petitioner’s possession justifies anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • secret information
  • criminal antecedents
  • Section 482
  • high court powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58295 of 2025
                   Arising Out of PS. Case No.-226 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Gaurav Kumar @ Butan Singh S/o Sanjeev Singh @ Sanjeev Kumar Singh
                 R/o Village- Patailia, P.S.- Bibhutipur, District- Samastipur, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhav Kumar
                 For the Opposite Party/s :       Ms. Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 6 litres of liquor from a Scooty. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   is not the owner of the seized scooty and he came to be

                   implicated based on secret information which is the easiest way

                   to implicate someone. It is next submitted that once an accused

                   is implicated in a case relating to excise, the police starts
Patna High Court CR. MISC. No.58295 of 2025(3) dt.06-01-2026
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          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       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.25,000/- (Rupees five hundred) 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

          Bibhutipur P.S. Case No.226/2024, 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

          five 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 five
             Patna High Court CR. MISC. No.58295 of 2025(3) dt.06-01-2026
                                                         3/3




                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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