Patna High Court
Komal DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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