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Patna High Court

Sushil Kumar @ Sushil Kumar RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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