Patna High Court
Arun Kumar @ Arun BindversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with the conditions under Section 438(2) CrPC.
Summary
Arun Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for allegedly recovering 60 litres of liquor from a primary school. The petitioner argued that he was not arrested at the scene, that the liquor was not in his possession, and that the case was based on secret information without proper investigation. The State opposed the bail, citing the petitioner’s antecedent of four prior Excise cases. The High Court directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.20,000 with two sureties, subject to verification of his criminal antecedent and compliance with Section 438(2) CrPC conditions. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; if only four are confirmed, the bail would be affirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
- Whether the petitioner’s antecedent of four prior Excise cases precludes the grant of anticipatory bail.
- Whether reliance on secret information and lack of possession of the alleged contraband justify denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor smuggling
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89886 of 2025
Arising Out of PS. Case No.-421 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Arun Kumar @ Arun Bind S/O Late Osihar Bind Resident Of Village- Gaur
Kathak, P.s.- G B Nagar, Dist.- Siwan
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mthilesh Kumar
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and allegation is of recovery of 60 litres of liquor from a
primary school.
4. The learned counsel for the petitioner submits 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
Patna High Court CR. MISC. No.89886 of 2025(3) dt.22-01-2026
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and he came to be implicated based on secret information,
which is the easiest way to implicate someone. It is next
submitted that police in majority of cases implicating innocent
persons either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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 G.B. Nagar P. S. Case No.421 of 2025, subject
to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
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found that petitioner has antecedent of more than four cases,
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 has antecedent of four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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