Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent cases.
Summary
The petitioner, Deepak Kumar, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 88.5 litres of liquor from a Hyundai car. He contended that he was not in possession of the seized liquor, was not the owner of the vehicle, and was implicated by a watchman with whom he has a hostile relationship. The prosecution opposed the bail, arguing the seriousness of the offence and the petitioner’s prior three cases under the Excise Act. The Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a bail bond of Rs 15,000 and two sureties. The order further directed the trial court to verify the petitioner’s criminal antecedent and to cancel the bail if more than three prior cases are found. The application was therefore allowed, subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case under Section 30(a) of the Excise Act
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- liquor seizure
- criminal antecedent
- provisional bail
- watchman
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91293 of 2025
Arising Out of PS. Case No.-250 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
Deepak Kumar S/o Arun Mahto @ Arun Kumar Chaudhary Resident of
Village- Kothiya, P.S.- Bangara, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 88.5 litres of liquor from a
Hyundai car.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
seized car and he came to be implicated at the instance of
Chaukidar with whom he is on an inimical term, but then, it is
Patna High Court CR. MISC. No.91293 of 2025(2) dt.12-01-2026
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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 next submitted that
police in majority of cases implicating innocent persons either at
the behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without holding
proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. 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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen 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 Patepur P. S. Case No.250 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
Patna High Court CR. MISC. No.91293 of 2025(2) dt.12-01-2026
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his 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 has antecedent of three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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