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Patna High Court

Akshay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of antecedents and specified conditions.

Summary

Akshay Kumar applied for anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging he was involved in the recovery of 56.7 litres of liquor from a bamboo orchard that does not belong to him. The petitioner claimed a clean antecedent, no arrest at the scene, and that the complaint was motivated by an inimical relationship with the complainant. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.500 bail bond, two sureties, verification of the petitioner’s criminal antecedents, and a deposit of Rs.1,500 with the Advocates’ Association. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail.
  • What conditions must be imposed for the confirmation of provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • liquor offence
  • clean antecedent
  • provisional bail
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6029 of 2026
                       Arising Out of PS. Case No.-219 Year-2025 Thana- MALI District- Aurangabad
                 ======================================================
                 Akshay Kumar Son of Narendra Saw Resident of Village - Bariyawan, P.S. -
                 Mali, District - Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Mukul Kumari, Advocate
                 For the Opposite Party/s :        Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 56.7 litres of liquor from a bamboo orchard. It is

                   next submitted that petitioner was not arrested 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 and he came to be implicated at the instance of

                   Chowkidar with whom he is on an inimical term. It is also

                   submitted that if Chowkidar was aware of the involvement of
Patna High Court CR. MISC. No.6029 of 2026(2) dt.03-02-2026
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          the petitioner in the occurrence then why he did not inform the

          police prior to institution of the instant FIR, which casts an

          aspersion on the case of the prosecution. It is also submitted that

          it appears that the Chowkidar in order to save the real culprits

          falsely implicated the petitioner.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Court of Special

          Judge, Excise-02, Aurangabad in connection with Mali P.S.

          Case No.219 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it
               Patna High Court CR. MISC. No.6029 of 2026(2) dt.03-02-2026
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                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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