Patna High Court
Jagdev KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties, a deposit with the Advocates’ Association, and verification of his criminal antecedent.
Summary
Jagdev Kumar applied for anticipatory bail after learning that he may be arrested in a case under Sections 30(a) and 41(I)(II) of the Bihar Excise Act for the alleged recovery of 2,205 litres of liquor from a DCM truck. He contended that he was not arrested on the spot, had no conscious possession of the liquor, and was not the owner of the seized vehicle, arguing that the investigation relied on secret information. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 25,000 with two sureties and deposit Rs. 10,000 with the Advocates’ Association, subject to verification of his criminal antecedent under Section 482(2) of the BNSS. The order also stipulated that if the petitioner is found to have more than five prior cases, the bail would be cancelled, whereas confirmation would follow if the antecedent is exactly five cases. The court thus allowed the anticipatory bail with safeguards.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under the Bihar Excise Act.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedent
- bail bond
- Section 30
- Section 41
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6528 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- TAJPUR District- Samastipur
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Jagdev Kumar S/o Maheshwar Sah Resident of Village- Yogiya Math, P.S.-
Karpurigram, District- Samastipur. Wrongly given address as A/T- Village-
Motipur, P.S.- Tajpur, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar
For the Opposite Party/s : Ms.Sangeeta Sharma
======================================================
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 offences punishable under Sections 30(a) and
41(I)(II) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 2205 litres of liquor from a DCM
truck.
4. Learned counsel for the petitioner submits that the
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 and he came to be implicated based on secret
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information which is the easiest way to implicate someone. It is
further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation. It is also submitted that earlier also the petitioner
came to be implicated in similar manner.
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, 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. 25,000/- (Rupees
Twenty-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 Tajpur P.S. Case No.
223 of 2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than five
cases then it would be presumed that petitioner, for the purposes of
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seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of five cases, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 10,000/- with Advocates’ Association, Patna
High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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