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Patna High Court

Harilal KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that anticipatory bail could not be granted in the present circumstances.

Summary

Harilal Kumar applied for anticipatory bail after an FIR was lodged alleging that 408.835 litres of liquor were recovered from a litchi orchard near his house and that a motorcycle, 10 live cartridges, and other arms were seized from his residence, invoking Section 30(a) of the Excise Act and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The petitioner claimed a clean antecedent and asserted that he was falsely implicated by the informant. The State opposed the bail, emphasizing the seriousness of the arms recovery and the early stage of investigation. The Court, after considering the submissions, declined to grant anticipatory bail, finding no sufficient ground to extend the privilege. Consequently, the petitioner's request for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged violations of the Excise Act and Arms Act at the nascent stage of investigation.
  • Whether the petitioner's clean antecedent and claim of false implication justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Arms Act
  • false implication
  • clean antecedent
  • bail rejection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89910 of 2025
                   Arising Out of PS. Case No.-1255 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Harilal Kumar S/O Sri Bharat Bhagat R/O Village- Mustafapur, P.S-
                 Ahiyapur, Distt.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sagar Kumar
                 For the Opposite Party/s :       Mr.Sanjay Kumar
                 ======================================================
                 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 Ahiyapur P. S. Case No.1255 of 2025 registered for the

                   offences punishable under Section 30(a) of the Excise Act and

                   Sections 25(1-B)(a), 26 and 35 of the Arms Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 408.835 litres of liquor from a Litchi orchard

                   near the house of the petitioner and a motorcycle was also

                   seized along with 10 live cartridges from house of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is next submitted that from perusal of the
               Patna High Court CR. MISC. No.89910 of 2025(3) dt.22-01-2026
                                                           2/2




                         allegation as alleged in the FIR, it would manifest that liquor

                         was recovered from a place adjacent to the house of the

                         petitioner and thereafter, it is alleged that on subsequent

                         information, the house of the petitioner was raided and 10 live

                         cartridges were recovered. It is also reiterated and submitted that

                         petitioner is a person with clean antecedent.

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

                         application and submits that specific allegation is of recovery of

                         10 live cartridges from the house of the petitioner. It is also

                         submitted that investigation of the case is in its nascent stages.

                                      6. Considering the submissions made by the learned

                         A.P.P., the Court is not inclined to extend the privilege of

                         anticipatory bail to the petitioner.

                                      7. The prayer of the petitioner for anticipatory bail

                         stands rejected.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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