Patna High Court
Rupam Anand @ RockyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with bail conditions.
Summary
The petitioner, Rupam Anand, feared arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, relating to the alleged recovery of 2,496.6 litres of liquor from a DCM truck. He contended that he was not caught in possession, did not own the seized vehicle, and was implicated by a hostile chowkidar, arguing that the police had mechanically implicated him without proper investigation. The State opposed his request for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 30,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedent; if more than six prior cases are found, the bail may be revoked. The Court directed the trial court to confirm the bail if the antecedent does not exceed six cases.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite alleged involvement in excise offences and prior criminal antecedent.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- excise offence
- seizure of liquor
- criminal antecedent
- Section 482
- Bihar Narcotic Substances Act
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7095 of 2026
Arising Out of PS. Case No.-188 Year-2025 Thana- SAKRI District- Madhubani
======================================================
Rupam Anand @ Rocky S/o Atul Kumar Das R/o Village- Pandaul Bazar,
Ward No 15, PS- Pandaul, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan
For the Opposite Party/s : Ms.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of six cases under the Excise Act and
allegation is of recovery of 2496.6 litres of liquor from 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 at the instance
of Chowkidar with whom he is on an inimical term. It is further
Patna High Court CR. MISC. No.7095 of 2026(2) dt.19-02-2026
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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. 30,000/- (Rupees
Thirty 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 Sakri P.S. Case No.
188 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 six
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
Patna High Court CR. MISC. No.7095 of 2026(2) dt.19-02-2026
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antecedent of six cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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