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Patna High Court

Rana Pratap Kumar @ Rana Pratap @ RanaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                                          3/3




                        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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