Deepak Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Deepak Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional anticipatory bail granted: release upon arrest or surrender before the learned trial court within six weeks, on a bail bond of Rs. 500 with two sureties of the like amount each, to the satisfaction of the trial court handling Ekma P.S. Case No. 270 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.; confirmation deferred to trial-court verification of the petitioner's criminal antecedents.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Ekma P.S. Case No. 270 of 2025 (Thana Ekma, District Saran), registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, is entitled to anticipatory bail. +1 more

Court's answer

In the event of arrest or surrender before the learned trial court within a period of six weeks, the petitioner shall be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500 (Rupees Five Hundred) with two sureties of the like amount each, to the satisfaction of the learned trial court where Ekma P.S. Case No. 270 of 2025 is pending, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The learned trial court shall thereafter verify the petitioner's criminal antecedents; if the petitioner is found to have antecedent of even one case, it would be presumed that he concealed his antecedents before this Court at para 3 of the anticipatory bail application, and in that event the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If verification establishes that the petitioner is a person with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶22

Detailed headnote1 paragraphs

PATNA HIGH COURT - Criminal Miscellaneous No. 76896 of 2025 (Oral Order, Satyavrat Verma, J., dated 25-11-2025). Deepak Kumar v. State of Bihar: anticipatory bail sought by a petitioner apprehending arrest in Ekma P.S. Case No. 270 of 2025 (Thana Ekma, District Saran), registered for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. Counsel submitted that the petitioner had clean antecedents, that he was not arrested from the spot so that nothing was recovered from his conscious possession, and that he came to be implicated only because the seized vehicle (a THAR, from which 507 litres of liquor was allegedly recovered) belongs to him. Considering these submissions, the Court ordered release on provisional anticipatory bail in the event of arrest or surrender before the learned trial court within six weeks, on furnishing a bail bond of Rs. 500 with two sureties of the like amount each, to the satisfaction of the learned trial court, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Confirmation was made contingent on the trial court verifying the petitioner's criminal antecedents: if even one prior case is found, it would be presumed that antecedents were concealed before this Court at para 3 of the application and the provisional order shall not be confirmed; if verified clean, the provisional anticipatory bail order shall be confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76896 of 2025

Arising Out of PS. Case No.-270 Year-2025 Thana- EKMA District- Saran

======================================================

Deepak Kumar S/O Umashankar Saw R/O near Marwari Bhawan Harmu road, Gadhikhana, P.O.- and P.S.- Ranchi, District- Ranchi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saurabh Kumar, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 25-11-2025

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 507 litres of liquor from a THAR.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated based on the fact that he is owner of the seized vehicle. 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

Patna High Court CR. MISC. No.76896 of 2025(2) dt.25-11-2025 2/3

would get implicated. It is also submitted that petitioner was completely unaware that his friend would misuse the vehicle in the manner as alleged.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his 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.500/- (Rupees Five Hundred) 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 Ekma P.S. Case No. 270 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that thereafter the learned trial court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, it would be presumed that petitioner had concealed his antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a

Patna High Court CR. MISC. No.76896 of 2025(2) dt.25-11-2025 3/3

person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Kundan/-

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