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Patna High Court

Congress DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bond, sureties and verification of the petitioner’s antecedents, with confirmation contingent on a clean record.

Summary

Congress Das, a resident of Dariyapur, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 75 litres of liquor recovered from a motorcycle. He argued that the vehicle was stolen, he had no prior criminal record, and the police had not conducted a proper investigation before implicating him as the owner. The State opposed the bail. Justice Satyavrat Verma granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and directing the trial court to verify the petitioner’s antecedents. If any prior case is found, the bail will not be confirmed; if his record is clean, the bail will be confirmed forthwith. The order is subject to the conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the ownership of the seized vehicle, alleged to be stolen, suffices to justify arrest.
  • Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition act
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1195 of 2026
                    Arising Out of PS. Case No.-121 Year-2025 Thana- TETERHAT District- Lakhisarai
                 ======================================================
                 Congress Das Son of Ramju Das Resident of Village- Dariyapur, Ward No. 5,
                 P.S.- Barahiya, District- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mayank Bilochan
                 For the Opposite Party/s :       Mr. Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 30(a) and

                   32 of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 75 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and he

                   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 would get
Patna High Court CR. MISC. No.1195 of 2026(2) dt.21-01-2026
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          implicated. It is also submitted that the alleged motorcycle was

          stolen prior to the occurrence for which an FIR was instituted as

          would manifest from Annexure-2 to the anticipatory bail

          application. It is further submitted that this amply demonstrates

          that how police in mechanical manner implicates without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 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 Teterhat

          P.S. Case No.121/2025, subject to the conditions as laid down

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

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.1195 of 2026(2) dt.21-01-2026
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                       concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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