Created by Fuzzy Cloud

Patna High Court

Sujit Kumar @ FaramversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail may be granted provisionally despite the petitioner’s antecedents, provided he furnishes a bail bond and sureties, with the trial court to confirm or cancel the bail after verifying his criminal record.

Summary

The petitioner, Sujit Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor not from his possession. He has six prior criminal cases, four under the Excise Act, and contended that the investigation was mechanically initiated without proper inquiry. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 and two sureties, subject to Section 482(2) of the Criminal Procedure Code. The Court directed the trial court to verify the petitioner’s antecedents and confirm the bail if he has no more than six prior cases, otherwise to cancel it. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
  • Whether the circumstances of alleged recovery (no possession) justify bail.
  • Whether conditions under Section 482(2) of the Criminal Procedure Code can be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30(a)
  • criminal antecedent
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72318 of 2025
                     Arising Out of PS. Case No.-488 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Sujit Kumar @ Faram S/o Ashok Yadav Resident of Village - Murkatta,
                 Gandhar, P.S - Muffasil, District -Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :       Ms. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of six cases out of which four cases

                   are under the Excise Act and allegation is of recovery of 91.26

                   litres of liquor from Azad Bigha and 10 litres from a Scooty. It

                   is next submitted that petitioner was not arrested from the spot,

                   as such, nothing was recovered from his conscious possession

                   and even alleged recovery is from a place which does not

                   belong to the petitioner and is accessible to public at large and is

                   not the owner of the Scooty and he came to be implicated at the
Patna High Court CR. MISC. No.72318 of 2025(3) dt.07-01-2026
                                            2/3




          instance of local person but then it is 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. It is also

          submitted that even 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.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.30,000/- (Rupees Thirty Thousand) with two sureties

          of the like amount each to the satisfaction of the learned

          Additional Sessions Judge-cum-Exclusive Special Excise Judge,

          Court No.-1, Gaya Jee in connection with Mufassil P.S. Case

          No.488 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.
               Patna High Court CR. MISC. No.72318 of 2025(3) dt.07-01-2026
                                                           3/3




                                      7. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedents of more than six cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedents of only six cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

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.