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Patna High Court

Komal DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to a bail bond and verification of his antecedent.

Summary

The petitioner, Komal Das, applied for anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 alleging possession of liquor and Jawa Mahua. He argued that he has a clean antecedent and that the alleged seizure occurred at a location not belonging to him, with the complaint originating from a chowkidar whose credibility was questioned. The State opposed the bail. The High Court, considering the petitioner's clean record and the circumstances, directed that he be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent under Section 482(2) of the Criminal Procedure Code. The court clarified that if any prior case is discovered, the bail would be revoked; otherwise, the provisional order would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Criminal Procedure Code in view of the FIR under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
  • Whether the petitioner’s claim of a clean antecedent satisfies the condition for anticipatory bail.
  • Whether the FIR, based on the chowkidar’s information, is reliable enough to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Prohibition and Excise Act
  • clean antecedent
  • provisional bail
  • Section 482(2) CrPC
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85746 of 2025
                          Arising Out of PS. Case No.-32 Year-2025 Thana- LUTUA District- Gaya
                 ======================================================
                 Komal Das Son of Jitu Das Resident of Village- Juri, P.S.- Bankey Bazar,
                 District- Gaya Ji at present Resident of Village- Baratand, P.S.- Lutua,
                 District- Gaya Ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prithivi Raj Singh, Advocate
                 For the Opposite Party/s :        Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 70 litres of liquor out of which 65 litres of liquor

                   was recovered from a place near bank of a river near the house

                   of the petitioner along with 1500 litres of Jawa Mahua, which

                   was destroyed and 5 litres of liquor from house of Ram Vriksh

                   Bhuyian. It is next submitted that petitioner was not arrested

                   from the spot, as such, nothing was recovered from his
Patna High Court CR. MISC. No.85746 of 2025(3) dt.22-01-2026
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          conscious possession and even alleged recovery is from a place

          which does not belong to the petitioner and he came to be

          implicated at the instance of Chowkidar but then it is submitted

          that if Chowkidar was aware of the involvement of the

          petitioner 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, when petitoner

          admittedly is a person with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Judge, Excise-3, Gaya in connection with Lutua P.S. Case No.32

          of 2025, subject to the conditions laid down under Section

          482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.85746 of 2025(3) dt.22-01-2026
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                         accepting the provisional bail bond of the petitioner 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 obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)

Sanjay/-

U          T


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