Puna Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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

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APP for the State.

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Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

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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

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Patna High Court CR. MISC. No.91884 of 2025(2) dt.13-01-2026 2/3

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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.

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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-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.

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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 bond of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is

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Patna High Court CR. MISC. No.91884 of 2025(2) dt.13-01-2026 3/3

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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.

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(Satyavrat Verma, J)

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Sanjay/-

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U T

Puna Kumar v. The State of Bihar

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Puna Kumar v. The State of Bihar

Case brief

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