Patna High Court
Birbal Mehta @ Birbal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of antecedents.
Summary
The petitioner, Birbal Mehta, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged possession of 48 litres of liquor and two motorcycles recovered from his house, which he claims is joint family property and that he had no direct possession or ownership. He argued that the FIR did not disclose the informant, that the police investigation was mechanical, and that there was no certainty he kept the liquor. The State opposed the bail. The Court, noting the lack of direct evidence and procedural lapses, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedents within six weeks, invoking Section 482(2) of the BNSS. If more than three prior cases are found, the bail will not be confirmed; otherwise it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the lack of direct possession and the nature of the FIR justify granting anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Instruments (or relevant) Special Statutes (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- joint family property
- police investigation
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7541 of 2026
Arising Out of PS. Case No.-110 Year-2025 Thana- KARJAIN District- Supaul
======================================================
Birbal Mehta @ Birbal Kumar S/o Suresh Mehta R/o Village- Bauraha Ward
No.4, P.S- Karjain, Dist- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate
For the Opposite Party/s : Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 has antecedent of three cases out of which one case is
under the excise act and allegation is of recovery of 48 liters of
liquor along with two motorcycles from house of the petitioner.
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 is not the
owner of any of the seized motorcycles and the house in
question is a joint family property, as such, it cannot be alleged
Patna High Court CR. MISC. No.7541 of 2026(2) dt.23-02-2026
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with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
knowledge and he came to be implicated at the instance of local
person, but then the 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. It is also submitted that
it does not appear probable that local person would know who
had concealed the liquor in the house. It is also 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.
15,000/- (Rupees Fifteen 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 Karjain
Patna High Court CR. MISC. No.7541 of 2026(2) dt.23-02-2026
3/3
P.S. Case No. 110 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 three cases 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 antecedent of three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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