Created by Fuzzy Cloud

Patna High Court

Abhishek Kumar @ BalakversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bail bond conditions and verification of antecedents.

Summary

The petitioners, Abhishek Kumar and Krishna Murari, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged recovery of 954.720 litres of liquor from a secret basement belonging to Rakesh Kumar. They argued that they were not arrested at the spot, had no possession, and were implicated solely on secret information, contending that the police had not conducted a proper investigation. They also highlighted their prior criminal records—five cases for petitioner 1 and eight for petitioner 2—and sought anticipatory bail to avoid arrest. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing bail bonds of Rs 40,000 with two sureties each, and directed the trial court to verify the antecedents, with confirmation or cancellation of bail based on that verification. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the alleged recovery of liquor from a location not owned by the petitioners justifies arrest.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • criminal antecedent
  • provisional bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9022 of 2026
                     Arising Out of PS. Case No.-380 Year-2025 Thana- Excise P.S. District- Samastipur
                 ======================================================
           1.     Abhishek Kumar @ Balak S/o- Bhola Sahni Resident of village-
                  Sambhupatti, Police Station- Karpurigram, District-Samastipur.
           2.     Krishna Murari @ Murari Kumar S/o- Kameshwar Mahto @ Kameshwar
                  Singh Resident of village- Sambhupatti, Police Station - Karpurigram,
                  District-Samastipur.
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Nitya Nand Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of five cases under the Excise

                   Act and petitioner no. 2 has antecedent of eight cases out of

                   which two cases are under the Excise Act and allegation is of

                   recovery of 954.720 litres of liquor from a secret basement of

                   the courtyard of Rakesh Kumar.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.9022 of 2026(3) dt.16-03-2026
                                            2/3




          recovered from their conscious possession and even the alleged

          recovery is from a place which does not belong to the

          petitioners and petitioners have no concern or relation with

          Rakesh Kumar and they came to be implicated based on the

          secret information which is the easiest way to implicated

          someone. It is further submitted that once an accused is

          implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

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

          the event of their arrest or surrender within a period of six

          weeks from today, be released on provisional anticipatory bail

          on furnishing bail bonds of Rs.40,000/- (Rupees Forty

          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 Excise Sadar P.S.

          Case No. 380 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
           Patna High Court CR. MISC. No.9022 of 2026(3) dt.16-03-2026
                                                       3/3




                                  7. It is made clear that thereafter the learned Trial

                     Court shall verify the criminal antecedent of the petitioners and

                     if it is found that petitioner no. 1 has antecedent of more than

                     five cases and petitioner no. 2 has antecedent of more than eight

                     cases, it would be presumed that petitioners had concealed their

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner no. 1 has antecedent of only five cases and petitioner

                     no. 2 has antecedent of only eight cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.