Created by Fuzzy Cloud

Patna High Court

Abhinav Kumar @ Sunny SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Abhinav Kumar, sought anticipatory bail fearing arrest in an excise case involving alleged recovery of 455 litres of spirit from a Scorpio vehicle. He contended that he was not arrested on the spot, had no possession of the seized liquor, was not the vehicle's owner, and was implicated solely on secret information without proper investigation. The State opposed the bail, citing the offences under Sections 30(a), 32(1), 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018 and Sections 41(1), 41(2) of the Bihar Prohibition and Excise Act, 2016. The Court, applying Section 482(2) of the B.N.S.S., granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged excise offences
  • Whether the petitioner’s alleged lack of possession and ownership, and reliance on secret information, justify bail
  • What conditions should be imposed on anticipatory bail concerning the petitioner’s criminal antecedents

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • seizure of liquor
  • secret information
  • criminal antecedent
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68451 of 2025
                     Arising Out of PS. Case No.-862 Year-2023 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Abhinav Kumar @ Sunny Singh S/o- Ashok Singh Village- Pipra Ps-
                 Kutumba Dist- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mukul Kumari
                 For the Opposite Party/s :         Mr. Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  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),

                   32(1), 32(3) of Bihar Prohibition and Excise (Amendment) Act,

                   2018 and Sections 41(1) and 41(2) of the Bihar Prohibition and

                   Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Case and

                   allegation is of recovery of 455 litres of spirit from a Scorpio

                   vehicle. 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 the seized vehicle and he

                   came to be implicated based on secret information which is the
Patna High Court CR. MISC. No.68451 of 2025(3) dt.07-01-2026
                                            2/3




          easiest way to implicate someone. It is next 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.

                       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.5000/- (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 with Excise

          P.S. Case No.862/2023, G.R. No.1559/2023, 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

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.68451 of 2025(3) dt.07-01-2026
                                                         3/3




                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.