Patna High Court
Rana Pratap Kumar @ Rana Pratap @ RanaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner subject to bail bonds, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Rana Pratap Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 14.58 litres of liquor from a bush near his house. He argued that the liquor was not in his conscious possession, the recovery site did not belong to him, and the FIR omitted the informant's name, suggesting a mechanically driven investigation. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedents within six weeks. It further held that if more than one prior case is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged facts and procedural deficiencies in the FIR justify granting bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- provisional bail
- criminal antecedent
- FIR
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6880 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- JADIA District- Supaul
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Rana Pratap Kumar @ Rana Pratap @ Rana Son of Kameshwar Yadav
Resident of village - Raghunandanpur, P.S.- Jadia, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prafull Chandra Thakur
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 26-02-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 14.58 litres of liquor from bush near
the house of the petitioner.
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 even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.6880 of 2026(3) dt.26-02-2026
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the instance of local people, but then the name of the person,
who disclosed the name of the petitioner is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution. 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.
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. 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 with Jadia P.S. Case No.
154 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 one
Patna High Court CR. MISC. No.6880 of 2026(3) dt.26-02-2026
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case then it would be presumed that petitioner, for the purposes of
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 one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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