Allowed¶7

Ganesh Kumar v. The State of Bihar

Anticipatory bail – Offences under Sections 30(A), 32(3) and 45, Excise Act – Begusarai Excise Case No.501 of 2025

Patna HC3 Jul 2026CR. MISC./43005/2026

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Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.43005 of 2026, order dated 03-07-2026, Satyavrat Verma J: provisional anticipatory bail in Begusarai Excise Case 501/2025 (Ss. 30(A), 32(3), 45 Excise Act); Rs.5,000 bail-bond + two like sureties; s.438(2) CrPC conditions apply; confirmation hinges on trial-court verification of antecedents (more than one case = presumed concealment, no confirmation; one case = forthwith confirmation).

What did the court decide?

Provisional anticipatory bail: release on bail-bonds of Rs.5,000/- with two sureties of like amount each upon arrest/surrender within six weeks, subject to Section 438(2) Cr.P.C. conditions, with confirmation dependent on the trial Court's verification of criminal antecedents. ¶7

Ganesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, sought to be arrested in Begusarai Excise Case No.501 of 2025 registered for offences under Sections 30(A), 32(3) and 45 of the Excise Act, is entitled to anticipatory bail.

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Court's answer

In connection with Begusarai Excise Case No.501 of 2025, the petitioner is directed to be released on provisional anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks, on furnishing bail-bonds of Rs.5,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C.

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Ratio / Principle

The trial Court, after accepting the provisional bail bonds, shall verify the petitioner's criminal antecedents: if antecedent of more than one case is found, it would be presumed the petitioner concealed his antecedent for obtaining anticipatory bail and the provisional order shall not be confirmed; if antecedent of one case only is found, the provisional anticipatory bail order shall be confirmed forthwith.

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Detailed headnote1 paragraphs

Anticipatory bail - Offences under Sections 30(A), 32(3) and 45, Excise Act - Begusarai Excise Case No.501 of 2025 - Alleged recoveries of 63 litres (auto), 18 litres (two motorcycles), 36 litres (cowshed); counsel urged petitioner not arrested from spot, no conscious possession, implication rested on father's custodial confession - High Court (Satyavrat Verma, J.) granted PROVISIONAL anticipatory bail: release upon arrest/surrender within six weeks on bail-bonds of Rs.5,000/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions - Confirmation made conditional on trial Court verifying criminal antecedents: antecedent of more than one case to be presumed concealed antecedent and order not confirmed; antecedent of one case only, confirmation forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43005 of 2026

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Arising Out of PS. Case No.-501 Year-2025 Thana- Excise P.S. District- Begusarai

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

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Ganesh Kumar Son of Rajendra Tanti Resident of Village -Khamhar PORajaura, PS- Begusarai Mufassil, District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Saket Kumar For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 03-07-2026

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(A), 32(3) and 45 of the Excise Act.

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The learned counsel for the petitioner submits that the petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 63 litres of liquor from an auto, 18 litres of liquor from two motorcycles and 36 litres of liquor from a cowshed.

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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 recovery is from a place, which does not belong to the petitioner

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Patna High Court CR. MISC. No.43005 of 2026(2) dt.03-07-2026 2/3

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and he is not the owner of any of the seized vehicle and he came to be implicated based on confessional statement of his father in police custody which does not have any evidentiary value. It is also submitted that no father would implicate his own son until pressurized.

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

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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.5,000/- (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 Begusarai Excise Case No.501 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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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 one case, then

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Patna High Court CR. MISC. No.43005 of 2026(2) dt.03-07-2026 3/3

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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 one case only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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vikash/-

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U T

Ganesh Kumar v. The State of Bihar

Case brief

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Ganesh Kumar v. The State of Bihar

Case brief

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