Anand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30679 of 2026 Arising Out of PS. Case No.-433 Year-2025 Thana- Excise P.S. District- Darbhanga ====================================================== Anand Kumar Son of Ramchandra Ray Resident of Village -Tira Jhatmalpur PS -Kalyanpur Distt -Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Kumar For the Opposite Party/s :
Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2026
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 inadvertently at Para-3, it has been pleaded that petitioner has antecedent of nine cases when he has antecedent of ten cases out of which eight cases are under the Excise Act and allegation is of recovery of 272.52 litres of liquor from a place near a brickkiln.
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 even alleged
Patna High Court CR. MISC. No.30679 of 2026(2) dt.06-05-2026 2/3 recovery is from a place, which does not belong to the petitioner, but then is adjacent to his brick-kiln, as such, he came to be implicated in the instant case. It is next submitted that police in majority of cases implicating innocent persons either at the behest of Chaukidar, local person, secret information and confessional statement in a mechanical manner without holding a proper investigation. It is next submitted that petitioner earlier also in similar manner came to be implicated in cases relating to excise. It is further submitted that manner in which cases relating to excise are being instituted by the police without holding a proper investigation has already jammed the jails of State of Bihar.
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.50,000/- (Rupees Fifty 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
Patna High Court CR. MISC. No.30679 of 2026(2) dt.06-05-2026 3/3 with Darbhanga Excise P. S. Sadar Case No.433 of 2025, 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 ten 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 ten cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T