Patna High Court
Jainath KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to bail bond, surety, deposit requirements and verification of their criminal antecedents.
Summary
The petitioners, Jainath Kumar and Shyam Babu Ray, applied for anticipatory bail fearing arrest in a case registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. They contended that they were not arrested on the spot, had no liquor in their possession, were not owners of the seized vehicle, and were implicated solely on secret information without proper investigation. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs.25,000 each with two sureties and depositing Rs.10,000 with the Lawyers’ Association. The order further directed the trial court to verify the petitioners’ criminal antecedents and to confirm the bail if they have five or fewer prior cases, otherwise to cancel it. The bail was granted subject to compliance with Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case under IPC Sections 272, 273 and Bihar Excise Act Section 30(a).
- Whether the alleged reliance on secret information without proper investigation justifies denial of bail.
- What conditions, if any, should be imposed on the anticipatory bail order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- Indian Penal Code
- excise law
- Bihar Prohibition Act
- criminal antecedents
- secret information
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6514 of 2026
Arising Out of PS. Case No.-433 Year-2024 Thana- HAJIPUR SADAR District- Vaishali
======================================================
1. Jainath Kumar S/o Bhuneshwar Ray R/o Village - Diwantok, P.S - Ganga
Bridge, District - Vaishali
2. Shyam Babu Ray S/o Garbhu Ray @ Gargu Ray R/o Village - Diwantok, P.S
- Ganga Bridge, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kahkashan Alam
For the Opposite Party/s : Mr. Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 272, 273 of
the Indian Penal Code and Section 30(a) of Bihar Prohibition
and Excise Amendment Act, 2022.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of five cases, out of which four
cases are under the Excise Act and petitioner no.2 has
antecedent of five cases under the Excise Act and allegation is
of recovery of 100 litres of liquor from a motorcycle. It is next
submitted that petitioners were not arrested from the spot as
Patna High Court CR. MISC. No.6514 of 2026(2) dt.04-02-2026
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such nothing was recovered from their conscious possession and
are not the owners of the seized vehicle and they came to be
implicated based on secret information which is the easiest way
to implicate someone without holding a proper investigation. It
is also submitted that once an accused is implicated in 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. It
is also submitted that petitioners earlier also came to be
implicated in similar manner.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.25,000/ (Rupees twenty five thousand) each 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 Hajipur Sadar P.S. Case No.433/2024, subject
to the conditions as laid down under Section 482(2) of the
Patna High Court CR. MISC. No.6514 of 2026(2) dt.04-02-2026
3/3
B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
more than five cases, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that
petitioners have antecedent of five cases, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioners,
based on instruction, undertakes to deposit an amount of
Rs.10,000/- with Lawyers’ Association, Patna High Court within
a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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