Patna High Court
Om Prakash Kumar @ Om Prakash Ray @ Om Prakash Yadav @ Om Prakash RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to bail bond, sureties, and verification of antecedent cases.
Summary
The petitioner, Om Prakash Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging recovery of 126 litres of liquor from a maize field not owned by him. He argued that he was not arrested on the spot, no liquor was found in his conscious possession, and the case was based solely on secret information without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.5,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, including verification of his criminal antecedent. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.2,500 with the Patna High Court Advocate Association.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the absence of conscious possession and reliance on secret information affect the grant of anticipatory bail.
- Whether the petitioner’s criminal antecedent should condition the confirmation of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- secret information
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6248 of 2026
Arising Out of PS. Case No.-1391 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Om Prakash Kumar @ Om Prakash Ray @ Om Prakash Yadav @ Om
Prakash Rai S/o Ram Chandra Ray R/o Village- Ginjas, PS- Jaintpur, Distt-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 126 litres of liquor from a
maize field.
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 field which does not belong to
Patna High Court CR. MISC. No.6248 of 2026(2) dt.04-02-2026
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the petitioner. It is further submitted that petitioner came to
be implicated based on the 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 start implicating mechanically either at the instance
of the Chawkidar, local person, secret information or
confessional statement without holding a proper
investigation of the case.
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 Excise P.S. Case No. 1391 of 2025,
subject to the conditions as laid down under Section 438(2)
of the Cr.P.C./482(2) of the BNSS.
Patna High Court CR. MISC. No.6248 of 2026(2) dt.04-02-2026
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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 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.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2,500/- with the Advocate
Association of the Patna High Court within a period of two
weeks from today.
(Satyavrat Verma, J)
Kundan/-
U T
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