Patna High Court
Ravi Kumar @ Ravi ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bail bonds, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ravi Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 20 litres of liquor from a plastic bag. He contended that the liquor was not found in his possession, the bag belonged to someone else, and the police had mechanically implicated him without proper investigation. The State opposed the bail, arguing the seriousness of the offence. Justice Satyavrat Verma, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. The order further directed the trial court to verify the petitioner’s criminal antecedent and confirm or cancel the bail based on that verification.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged lack of possession and the manner of police investigation justify anticipatory bail.
- What conditions may be imposed under Section 438(2) of the Criminal Procedure Code in granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- Section 438
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60569 of 2025
Arising Out of PS. Case No.-269 Year-2025 Thana- GARKHA District- Saran
======================================================
Ravi Kumar @ Ravi Chaudhary S/o Akshay Lal Chaudhary R/o vill - Sargatti,
P.S.- Garkha, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, A.P.P.
======================================================
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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 20 litres of liquor from a plastic bag.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
nor petitioner has any concern with the bag and he came to be
implicated at the instance of the Chawkidar but then it is
submitted that once an accused is implicated in a case relating to
Patna High Court CR. MISC. No.60569 of 2025(3) dt.06-01-2026
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excise the police start implicating mechanically without holding
a proper investigation of the case either at the instance of the
Chawkidar, local person, secret information or confessional
statement.
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, let 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 Garkha
P.S. Case No. 269 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.60569 of 2025(3) dt.06-01-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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