Patna High Court
Hira Lal Das @ Hira DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to conditions and verification of their criminal antecedents.
Summary
The petitioners, Hira Lal Das and Manish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 11.625 litres of liquor from a husk house. They argued that they were not arrested at the scene, no liquor was found in their possession, and the complaint originated from a chowkidar whose credibility was questioned. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 each with two sureties, and directed verification of their criminal antecedents. The order stipulated that if petitioner 1 is found to have more than three prior cases or petitioner 2 any prior case, the bail could be withdrawn, but if the antecedents are as claimed, the bail would be confirmed. The petitioners were also directed to deposit Rs.5,000 with the Lawyers’ Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged lack of possession and the credibility of the complainant affect the grant of anticipatory bail.
- Whether the petitioners' criminal antecedents, if concealed, should lead to cancellation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- criminal antecedent
- bail bond
- High Court
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75847 of 2025
Arising Out of PS. Case No.-73 Year-2025 Thana- Chhaudahi District- Begusarai
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1. Hira Lal Das @ Hira Das S/o- Radhe Das @ Radhe Shyam Das Both R/o-
Village-Rajopur Ward No.-03, P.S.-Chhaurahi, District-Begusarai
2. Manish Kumar @ Manish Das S/o- Ramashish Das Both R/o-Village-
Rajopur Ward No.-03, P.S.-Chhaurahi, District-Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Onkar Nath
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of three cases and petitioner no.
2 is a person with clean antecedent and allegation is of recovery
of 11.625 litres of liquor from a husk house.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.75847 of 2025(3) dt.31-01-2026
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recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large and they came
to be implicated at the instance of Chowkidar but then it is
submitted that if the Chowkidar was aware about the
involvement of the petitioners in the occurrence, then why he
did not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution. It is
also submitted that petitioner no. 1 is on an inimical term with
the chowkidar.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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
Chhaurahi P.S. Case No. 73 of 2025, subject to the conditions as
laid down under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
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event if it is found that petitioner no. 1 has antecedent of more
than three cases and petitioner no. 2 has antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioner no. 1 has antecedent of three cases and
petitioner no. 2 is a person with clean antecedent in that event
the provisional anticipatory bail order shall be confirmed
forthwith.
8. At this stage, the learned counsel for the petitioners
based on instruction submits that petitioners undertake to deposit
an amount of Rs. 5,000/- with Lawyers’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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