Created by Fuzzy Cloud

Patna High Court

Jimmi Kumar @ Ankit Kumar @ Ankit Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedent cases.

Summary

The petitioner, Jimmi Kumar, 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 for the alleged recovery of 576 litres of liquor from a boat. He contended that he was not arrested at the scene, had no conscious possession of the liquor, was not the owner of the boat, and was implicated solely on the basis of secret information. The State opposed the bail, arguing the seriousness of the offence. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond of Rs.5,000 with two sureties and subject to verification of his criminal antecedents. The court stipulated that if more than one prior case is found, the bail may be revoked, whereas confirmation will follow if only one antecedent case exists.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act.
  • Whether the petitioner’s lack of possession and ownership of the seized boat negates the necessity for pre‑arrest detention.
  • What conditions may be imposed on anticipatory bail, particularly concerning verification of criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • secret informant
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91467 of 2025
                  Arising Out of PS. Case No.-81 Year-2021 Thana- PATNA CITY CHOWK District- Patna
                 ======================================================
                 Jimmi Kumar @ Ankit Kumar @ Ankit Kumar Singh S/o Akhilesh Kumar @
                 Akhilesh Thakur R/o Village - Baghlodan Gali, P.S - Chowk, District - Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jay Ram Prasad
                 For the Opposite Party/s :      Mr.Tarkeshwar Nath Thakur
                 ======================================================
                 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 one case under the Excise Act

                   and allegation is of recovery of 576 litres of liquor from a boat.

                                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

                   the seized boat and he came to be implicated based on secret

                   information, which is the easiest way to implicate someone. It is

                   next submitted that police in majority of cases implicating
Patna High Court CR. MISC. No.91467 of 2025(2) dt.12-01-2026
                                            2/3




          innocent persons either at the behest of Chaukidar, local person,

          secret informant and confessional statement in a mechanical

          manner without holding proper investigation without holding a

          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.5,000/- (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 Chowk P. S. Case No.81 of 2021, 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 petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than one case, then

          it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.91467 of 2025(2) dt.12-01-2026
                                                           3/3




                         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 one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

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.