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Patna High Court

Laxman KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.6477 of 2026(2) dt.04-02-2026
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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
             Patna High Court CR. MISC. No.6477 of 2026(2) dt.04-02-2026
                                                         3/3




                       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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