Patna High Court
Abhinav Kumar @ Sunny SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 41(1), 41(2)
- B.N.S.S. — s. 482(2)
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
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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
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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
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