Patna High Court
Uday PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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
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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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