Patna High Court

Om Prakash KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on the antecedent not exceeding four cases.

Summary

The petitioner, Om Prakash Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 40.310 litres of liquor from a public pond area. He argued that the liquor was not found in his possession and the location did not belong to him, and highlighted his prior four excise cases. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.20,000 bond with two sureties and directed verification of his criminal antecedent. If more than four prior cases are found, the bail will not be confirmed; if only four, the provisional order will be confirmed.

Issues considered

Whether anticipatory bail should be granted to the petitioner in an excise case where the alleged contraband was not seized from his possession
Whether the petitioner’s prior criminal antecedent of four excise cases affects the grant of anticipatory bail

Subjects

anticipatory bail
excise law
Section 30
criminal antecedent
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7578 of 2026
                   Arising Out of PS. Case No.-275 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
                                                 District- Kaimur (Bhabua)
                 ======================================================
                 Om Prakash Kumar Son of Bhanu Pratap R/o Village - Maharo, P.S. -
                 Mohania, Dist. - Kaimur at Bhabhua.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :    Mr. Manoj Kumar, 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 four cases under the excise act and

                   allegation is of recovery of 40.310 liters of liquor from a place

                   near bank of a village pond.

                                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
Patna High Court CR. MISC. No.7578 of 2026(2) dt.23-02-2026
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          and is accessible to villagers at large, but still the petitioner

          came to be implicated. 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.

          20,000/- (Rupees Twenty 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

          Excise P.R. No. 01 of 2019-20 Reg. No. 275 of 2019 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 four cases then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.7578 of 2026(2) dt.23-02-2026
                                                        3/3




                      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 four

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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