Patna High Court
Jay Kishor KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court conditionally granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents.
Summary
The petitioners, three residents of Sitamarhi district, sought anticipatory bail after learning that they might be arrested in a case under Section 30(a) of the Bihar Excise Act involving alleged recovery of 1,517.25 litres of liquor from a school, a Hyundai Santro car and a scooty. They contended that they were not arrested on the spot, that the seized car did not belong to them, and that only one of them owned the scooty, asserting they were unaware of any misuse of the vehicles. The State opposed the bail application. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 and two sureties, directing the trial court to verify the petitioners’ criminal antecedents. The order stipulated that if petitioners 1 and 2 have more than two prior cases or petitioner 3 has more than one, the bail would be cancelled for the offending individual; otherwise, the provisional bail would be confirmed. The decision was based on the court’s inherent powers under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in a case under Section 30(a) of the Bihar Excise Act
- Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- provisional bail
- High Court
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91742 of 2025
Arising Out of PS. Case No.-279 Year-2025 Thana- SONBERSA District- Sitamarhi
======================================================
1. Jay Kishor Kumar S/O Harinarayan Mahto Resident of Village- Bahuaha,
P.S.- Sonbarsa, Dist.- Sitamarhi.
2. Kundan Kumar S/O Late Rajnarayan Singh @ Late Rajkishore Singh
Resident of Village- Laxmipur, P.S.- Sonbarsa, Dist.- Sitamarhi.
3. Kamod Kumar S/O Ganesh Mahto Resident of Village- Tilangahi, P.S.-
Bhutahi, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subodh Kumar
For the Opposite Party/s : Mr.Nitya Nand Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner nos. 1 and 2 have antecedent of two cases under the
Excise Act and petitioner no. 3 has antecedent of one case under
the Excise Act and allegation is of recovery of 1517.25 litres of
liquor from a school, a Hyundai Santro Care and a Scooty.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.91742 of 2025(2) dt.13-01-2026
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petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not owners of
seized Hyundai Santro car, but then petitioner no. 1 is owner of
the seized scooty. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner no. 1 was
completely unaware that his friend would misuse the vehicle in
the manner as alleged. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned trial court
Patna High Court CR. MISC. No.91742 of 2025(2) dt.13-01-2026
3/3
where the case is pending/successor court in connection with
Sonbersa P.S. Case No. 279 of 2025, subject to the conditions as
laid down under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner nos. 1 and 2 have antecedent of
more than two cases and petitioner no. 3 has antecedent of more
than one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioner nos. 1 and 2 have
antecedent of two cases and petitioner no. 3 has antecedent of
one case in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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