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Patna High Court

Uday PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.

Summary

The petitioners, four residents of Chapra, 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 alleging possession of 43.200 litres of liquor. They contended that they were not arrested at the spot, no liquor was recovered from their possession, and the complaint originated from a watchman's report rather than a proper police investigation. The State opposed the bail, arguing the seriousness of the excise offence. The Court, after hearing counsel, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.35,000 each with two sureties, subject to verification of their criminal antecedents. The order stipulated that if any petitioner’s antecedent exceeds the disclosed figures, the provisional bail would not be confirmed; otherwise, the bail would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC for alleged offences under Section 30(a) of the Excise Act.
  • Whether the petitioners’ criminal antecedents, as disclosed, affect the grant of anticipatory bail.
  • Whether the police investigation and the basis of the FIR are sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • criminal antecedent
  • provisional bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90139 of 2025
                        Arising Out of PS. Case No.-102 Year-2025 Thana- ISUAPUR District- Saran
                 ======================================================
           1.     Uday Prasad S/o- Ram Janam Prasad R/v- Sadhwara Ps- Isuapur Dist- Saran
                  at Chapra
           2.    Rahul Kumar S/o- Uday Prasad R/v- Sadhwara Ps- Isuapur Dist- Saran at
                 Chapra
           3.    Raushan Kumar S/o- Chhathu Mahto R/v- Sadhwara Ps- Isuapur Dist- Saran
                 at Chapra
           4.    Shailendra Rai @ Shailendra Kumar S/o- Sheojee Rai R/v- Lauwan Ps-
                 Isuapur Dist- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rabindra Kumar Tiwary
                 For the Opposite Party/s :        Mr.Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioner nos.1 and 3 are persons with clean antecedent,

                   petitioner no.2 has antecedent of one case and petitioner no.4

                   has antecedent of seven cases, but inadvertently at Para-3, it has

                   been pleaded that petitioner no.4 has antecedent of five criminal
Patna High Court CR. MISC. No.90139 of 2025(2) dt.08-01-2026
                                            2/4




          cases. It is further submitted that supplementary affidavit could

          not be filed for the reason that the instant anticipatory bail

          application was filed on 20.12.2025 and thereafter the Court

          closed for winter vacation. It is next submitted that allegation is

          of 43.200 litres of liquor from a place behind the bush of

          government animal hospital.

                       4. The learned counsel for the petitioners submits that

          petitioners were not arrested from the spot, as such, nothing was

          recovered from their conscious possession and even alleged

          recovery is from a place, which does not belong to the

          petitioners and is accessible to public at large and he came to be

          implicated at the instance of Chaukidar, but then, it is submitted

          that if Chaukidar was aware of the involvement of the

          petitioners in the occurrence, then why he did not inform the

          police prior to institution of the present F.I.R., which casts an

          aspersion on the case of the prosecution. It is also submitted that

          once an accused is implicated in a case relating to excise, the

          police starts implicating mechanically without holding a proper

          investigation.

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

          application.

                       6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.90139 of 2025(2) dt.08-01-2026
                                            3/4




          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

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

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.35,000/- (Rupees Thirty Five Thousand) each

          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 Isuapur P. S. Case No.102 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 petitioners shall

          verify the criminal antecedent of the petitioners and in the event,

          if it is found that petitioner nos.1 and 3 have antecedent of even

          one case, petitioner no.2 has antecedent of more than one case

          and petitioner no.4 has antecedent of more than seven cases,

          then it would be presumed that petitioners for the purposes of

          obtaining anticipatory bail had concealed their 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 nos.1 and 3 have
               Patna High Court CR. MISC. No.90139 of 2025(2) dt.08-01-2026
                                                           4/4




                         antecedent of even one case, petitioner no.2 has antecedent of

                         more than one case and petitioner no.4 has antecedent of more

                         than seven cases, in that event, the provisional anticipatory bail

                         order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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