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Patna High Court

Aakash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with bail conditions.

Summary

The petitioner, Aakash Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 110 litres of liquor were allegedly recovered from a motorcycle not owned by him. He argued that he was implicated solely on the testimony of a chowkidar, was not arrested at the scene, and that the police had not conducted a proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The order was made under the inherent powers of the High Court pursuant to Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the circumstances of the alleged seizure and the petitioner’s alleged lack of ownership justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Criminal Procedure Code
  • Section 482
  • police investigation
  • seizure of liquor
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91698 of 2025
                   Arising Out of PS. Case No.-174 Year-2025 Thana- SIRISIYA District- West Champaran
                 ======================================================
                 Aakash Kumar S/o- Uday Mahto @ Khedan Mahto R/v- Ward no- 5 Laltola
                 Grabahuwa, Turuhapatti PS- Sirisiya District-West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Umesh Kumar Gupta
                 For the Opposite Party/s :        Mr. Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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 110 litres of liquor from a

                   motorcycle. 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 he did not inform the
Patna High Court CR. MISC. No.91698 of 2025(2) dt.13-01-2026
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          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 Sirisiya

          P.S. Case No.174/2025, 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.91698 of 2025(2) dt.13-01-2026
                                                         3/3




                       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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