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Patna High Court

Krishna Kant Kumar @ Anshu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed provisional anticipatory bail to the petitioners, subject to conditions and verification of antecedent, under Section 482(2) of the BNSS.

Summary

The petitioners, Krishna Kant Kumar and Manoj Kumar, applied for anticipatory bail in two separate criminal miscellaneous proceedings arising from the same police case (PS Case No.213 of 2025) involving alleged recovery of 555.57 litres of liquor from a Scorpio vehicle and a Basa under Section 30(a) of the Excise Act. They contended that they were not arrested at the scene, had no conscious possession of the liquor, and were not owners of the vehicle or the Basa, questioning why the watchman did not inform police earlier. The State opposed the bail applications, arguing the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail to both petitioners, subject to the furnishing of bail bonds and two sureties, and directed the trial court to verify their criminal antecedents. The court stipulated that if the petitioners are found to have more than one prior case, the bail would not be confirmed; otherwise, it would be confirmed. The order was issued under the inherent powers of the High Court pursuant to Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in offences punishable under Section 30(a) of the Excise Act
  • Whether the lack of possession and ownership of the seized liquor and vehicle affects the grant of bail
  • Whether the petitioner's prior criminal antecedent influences the provisional bail order
  • Whether the watchman's prior knowledge impacts the prosecution's case

Legislation cited

Subjects

  • anticipatory bail
  • Section 30 Excise Act
  • Section 482 CrPC
  • criminal antecedent
  • bail conditions
  • liquor seizure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.65055 of 2025
                   Arising Out of PS. Case No.-213 Year-2025 Thana- NAUGACHIA District- Bhagalpur
                 ======================================================
                 Krishna Kant Kumar @ Anshu Kumar S/O Suresh Prasad Singh Resident of
                 Village- Pakra, Police Station- Naugachia, Dist.- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 66216 of 2025
                   Arising Out of PS. Case No.-213 Year-2025 Thana- NAUGACHIA District- Bhagalpur
                 ======================================================
                 Manoj Kumar Son of Suresh Prasad Singh Resident of village - Pakara, Police
                 Station - Naugachia, District - Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 65055 of 2025)
                 For the Petitioner/s     : Dr. Manoj Kumar
                 For the Opposite Party/s : Mr. Raj Ballabh Singh
                 (In CRIMINAL MISCELLANEOUS No. 66216 of 2025)
                 For the Petitioner/s     : Dr. Manoj Kumar
                 For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026           CRIMINAL MISCELLANEOUS No.65055 of 2025

                              1. Heard learned counsel for the petitioner and learned

                   APP for the State.

                              2. The petitioner seeks bail in anticipation of his arrest

                   in a case registered for the offences punishable under Section

                   30(a) of the Excise Act.
Patna High Court CR. MISC. No.65055 of 2025(3) dt.07-01-2026
                                            2/5




                       3. The learned counsel for the petitioner submits that

          the petitioner has antecedent of one case and allegation is of

          recovery of 555.57 litres of liquor from a Scorpio vehicle and a

          Basa.

                       4. The learned counsel for the petitioner submits that

          petitioner was not arrested from the spot, as such, nothing was

          recovered from his conscious possession and is not the owner of

          the seized vehicle nor the Basa belongs to him, but then, it is

          submitted that if Chaukidar was aware of the involvement of the

          petitioner in the occurrence, then why he did not inform the

          police prior to institution of the present F.I.R., which casts an

          aspersion on the case of the prosecution.

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

          application.

                       6. 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-bonds in the

          sum 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
Patna High Court CR. MISC. No.65055 of 2025(3) dt.07-01-2026
                                            3/5




          with Naugachia P. S. Case No.213 of 2025, subject to the

          conditions laid down under Section 482(2) of the BNSS.

                       7. The application stands allowed.

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

          accepting the provisional bail bonds of the petitioner shall verify

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

          found that petitioner has antecedent of more than one case, then

          it 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 has antecedent of one case only, in that event, the

          provisional anticipatory bail order shall be confirmed forthwith.

                CRIMINAL MISCELLANEOUS No. 66216 of 2025

                       1. Heard learned counsel for the petitioner and learned

          APP for the State.

                       2. The petitioner seeks bail in anticipation of his arrest

          in a case registered for the offences punishable under Section

          30(a) of the Excise Act.

                       3. The learned counsel for the petitioner submits that

          the petitioner is a person with clean antecedent and allegation is

          of recovery of 555.57 litres of liquor from a Scorpio vehicle and
Patna High Court CR. MISC. No.65055 of 2025(3) dt.07-01-2026
                                            4/5




          a Basa.

                       4. The learned counsel for the petitioner submits that

          petitioner was not arrested from the spot, as such, nothing was

          recovered from his conscious possession and is not the owner of

          the seized vehicle nor the Basa belongs to him, but then, it is

          submitted that if Chaukidar was aware of the involvement of the

          petitioner in the occurrence, then why he did not inform the

          police prior to institution of the present F.I.R., which casts an

          aspersion on the case of the prosecution.

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

          application.

                       6. 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-bonds in the

          sum of Rs.5,00/- (Rupees Five Hundred) 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 Naugachia P. S. Case No.213 of 2025, subject to the

          conditions laid down under Section 482(2) of the BNSS.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.65055 of 2025(3) dt.07-01-2026
                                                           5/5




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

                         accepting the provisional bail bonds 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

                         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.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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