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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail subject to conditions and verification of his antecedent.

Summary

The petitioner, Akash Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 176 litres of liquor from a public ghat. He argued that he has a clean antecedent, that the liquor was not in his possession, and that the allegation arose from a secret informant. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 500 with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. The court stipulated that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of possession of the alleged liquor and the public nature of the place justify granting anticipatory bail.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Excise Act
  • Section 482(2) BNSS
  • clean antecedent
  • provisional bail
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7478 of 2026
                       Arising Out of PS. Case No.-333 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
                 Akash Kumar S/o- Jai Kishor Manjhi Resident of Chirand P.S- Doriganj,
                 Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Shweta Anand
                 For the Opposite Party/s :       Mr. Shyameshwar Dayal
                 ======================================================
                 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 Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 176 liters of liquor from Banorwa Ghat.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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 he came to be implicated at the instance of spy

                   (secret information) which is the easiest way to implicate someone,

                   when petitioner admittedly is a person with clean antecedent.
            Patna High Court CR. MISC. No.7478 of 2026(2) dt.19-02-2026
                                                        2/2




                                   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. 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 Doriganj P.S. Case No. 333 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 even one 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 is a person with

                      clean antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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