Patna High Court
Sushil Kumar @ Sushil Kumar RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of antecedent under Section 438(2) Cr.P.C.
Summary
The petitioner, Sushil Kumar, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of four litres of liquor from a bush behind his egg shop. He asserted a clean criminal record and argued that the liquor was not found in his possession and that the complaint stemmed from a hostile watchman. The State opposed the bail. The Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. The order is conditional on verification of the petitioner’s antecedent; if any prior case is found, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Excise Act.
- Whether the petitioner’s claim of clean antecedent and lack of possession of the alleged liquor justify granting anticipatory bail.
- Whether the conditions prescribed under Section 438(2) of the Criminal Procedure Code are satisfied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- liquor seizure
- clean antecedent
- provisional bail
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7430 of 2026
Arising Out of PS. Case No.-836 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
Sushil Kumar @ Sushil Kumar Ram Son of Shiv Kumar Ram @ Sheo
Keshwar Ram R/o Village - Maharajganj, P.O. - Nuwan, P.S. - Bikramganj,
Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 04 litres of liquor from a bush behind egg shop of
the petitioner.
4. The learned counsel for the petitioner submits 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
Patna High Court CR. MISC. No.7430 of 2026(2) dt.19-02-2026
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petitioner, but then, is adjacent to his egg shop, as such, he came
to be implicated at the instance of Chaukidar with whom he is
on an inimical term. It is further submitted that if Chaukidar was
aware of the involvement of the petitioner in the occurrence,
then why he did not inform the police prior to institution of the
present F.I.R., which casts an aspersion on the case of the
prosecution.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Bikramganj P. S. Case No.836 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.7430 of 2026(2) dt.19-02-2026
3/3
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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