Patna High Court
Jimmi Kumar @ Ankit Kumar @ Ankit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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
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