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Patna High Court

Navendra Kumar JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.13644 of 2026(2) dt.12-03-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.13644 of 2026(2) dt.12-03-2026
                                                          3/3




                        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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