Patna High Court
Navendra Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of his antecedent.
Summary
The petitioner, Sudarshan Ram, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 23.42 litres of liquor from locations not belonging to him. He argued that he has a clean antecedent, was not arrested at the scene, and that the complainant (the chowkidar) had a hostile relationship with him and failed to inform police earlier. The State opposed the bail, contending the seriousness of the offence. Justice Satyavrat Verma, after considering the submissions, ordered provisional anticipatory bail conditioned on a Rs. 500 bail bond and two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, but if the petitioner remains clean, the provisional bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the BNSS in a case arising under Section 30(a) of the Bihar Excise Act.
- Whether the absence of possession and the petitioner’s clean antecedent justify the grant of anticipatory bail.
- Whether the FIR and alleged recovery constitute sufficient grounds for arrest despite the petitioner’s claim of non‑involvement.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- FIR
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13644 of 2026
Arising Out of PS. Case No.-471 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Sudarshan Ram S/o Late Moti Ram R/o Vill- Usari, P.S.- Baikunthpur, Distt-
Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Srivastva
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 23.42 litres of liquor from four different places as
detailed in the FIR.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of Chowkidar with
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whom he is on an inimical term. It is next submitted that that if
the Chowkidar was aware about the involvement of the
petitioner in the occurrence, then why he did not inform the
police prior to institution of the instant FIR, which casts an
aspersion on the case of the prosecution, when petitioner
admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender 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 Baikunthpur P.S. Case No. 471 of 2025, subject
to the conditions as laid down under Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Sumit/-
U T
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