Patna High Court
Umesh PasiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of antecedents.
Summary
The petitioner, Umesh Pasi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 120 litres of liquor and a motorcycle from a sand ghat. He argued that he was not arrested on the spot, had no possession of the seized items, and was implicated solely on the basis of a chowkidar’s statement, questioning the adequacy of police investigation. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed the trial court to verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the excise case
- Whether the police investigation and the reliance on a chowkidar’s statement justify denial of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure
- police investigation
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90929 of 2025
Arising Out of PS. Case No.-71 Year-2025 Thana- IMADPUR District- Bhojpur
======================================================
Umesh Pasi S/o Ramjee Pasi Resident of Village- Charugram Bihta, P.S.-
Imadpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 120 litres of liquor along with a
motorcycle from a sand ghat. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and is not the owner of the seized
vehicle and he came to be implicated at the instance of
chowkidar but then it is submitted that if chowkidar was aware
of the involvement of the petitioner in the occurrence then why
Patna High Court CR. MISC. No.90929 of 2025(2) dt.12-01-2026
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he did not inform the police prior to institution of the instant
FIR, which casts an aspersion on the case of the prosecution. It
is next submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5000/- (Rupees five 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 Imadpur
P.S. Case No.71/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.90929 of 2025(2) dt.12-01-2026
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concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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