Created by Fuzzy Cloud

Patna High Court

Puna KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to a bail bond, sureties and verification of antecedents, with confirmation contingent on the number of prior cases.

Summary

Petitioner Puna Kumar applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that no liquor was recovered from his possession and that the informant’s identity was omitted from the FIR. He argued that the police mechanically implicated him without proper investigation. The State opposed the bail. The Patna High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.25,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The court also directed verification of the petitioner’s criminal antecedents, stating that if more than five prior cases are found, the bail would not be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the absence of seizure from the accused’s possession and non‑disclosure of the informant affect the grant of anticipatory bail.
  • Whether the petitioner’s prior criminal antecedents should influence confirmation of the provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 482(2)
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91884 of 2025
                     Arising Out of PS. Case No.-290 Year-2022 Thana- AWTARNAGAR District- Saran
                 ======================================================
                 Puna Kumar Son of Birendra Rai Resident of Village- Balua, P.S.- Doriganj,
                 District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :      Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. 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 antecedents of five cases under the Excise Act and

                   allegation is of recovery of 100 litres of liquor from two Scooty.

                   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 any of the seized Scooty and

                   he came to be implicated at the instance of local person but the

                   name of the person who disclosed the name of the petitioner is

                   not disclosed in the FIR which casts an aspersion on the case of
Patna High Court CR. MISC. No.91884 of 2025(2) dt.13-01-2026
                                            2/3




          the prosecution. It is further 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, secret information or confessional statement

          without holding a proper investigation.

                        4. Learned A.P.P. opposes the anticipatory bail

          application.

                        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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Additional Sessions Judge-cum-Exclusive Special Court Excise

          Act-1, Saran at Chapra in connection with Awtar Nagar P.S.

          Case No.290 of 2022, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                        6. The application stands allowed.

                        7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.91884 of 2025(2) dt.13-01-2026
                                                           3/3




                         found that petitioner has antecedents of more than five 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 only five cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

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.