Patna High Court
Laxman KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties, deposit with the Advocates’ Association, and verification of antecedents.
Summary
The petitioner, Laxman Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1)(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the alleged recovery of 559.8 litres of liquor from a truck and a motorcycle. He contended that he was not in possession of the seized items, was not the owner of the vehicles, and was implicated solely on information from a spy, arguing that the police mechanically implicated him without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and deposit Rs.5,000 with the Advocates’ Association, subject to verification of his criminal antecedents. If the verification shows more than three prior cases, the bail will not be confirmed; if exactly three, it will be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the excise case.
- Whether the conditions imposed, including verification of prior criminal antecedents, are appropriate under law.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedents
- Bihar Prohibition and Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6477 of 2026
Arising Out of PS. Case No.-137 Year-2025 Thana- GADHPURA District- Begusarai
======================================================
Laxman Kumar S/o Maya Ram Mahto R/o Village- Maldah, Mauji Hasanpur,
P.S- Hasanpur, Dist- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey
For the Opposite Party/s : Ms. Gulnar Begum
======================================================
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 Sections 30(a) and
41(1)(2) of Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 559.800 litres of liquor from a truck
and a motorcycle. 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 any of the seized
vehicle and he came to be implicated based on disclosure made
by spy. It is also submitted that once an accused is implicated in
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a case relating to excise, the police starts 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.15,000/- (Rupees fifteen 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
Garhpura P.S. Case No.137/2025, 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
three 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
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on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.5000/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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