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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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