Patna High Court
Gora Kumar @ Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bail bond and verification of antecedents, with confirmation contingent on the petitioner having exactly two prior cases.
Summary
The petitioner, Gora Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 90 litres of liquor were allegedly recovered from a public area near Sone Diyara. He argued that the liquor was not found in his possession, the location was accessible to villagers, and the police relied on secret information without proper investigation, despite his two prior excise cases. The State opposed the bail application. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if exactly two are confirmed, the bail would be affirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged excise offence.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for confirming or cancelling the bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- bail conditions
- prior convictions
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7654 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
Gora Kumar @ Bittu Kumar S/O Late Baban Singh R/O Vill.- Sabadala, P.S-
Nasariganj,Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh
For the Opposite Party/s : Mr. Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 90 litres of liquor from a place near
Sone diyara. It is next submitted 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 petitioner is accessible to villagers at
large and he came to be implicated based on secret information
which is the easiest way to implicate someone. It is also
Patna High Court CR. MISC. No.7654 of 2026(2) dt.15-04-2026
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submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either through
chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten 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 Nasariganj P.S. Case No.165/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.7654 of 2026(2) dt.15-04-2026
3/3
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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