Patna High Court
Vishwakarma DomversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to verification of the petitioners' antecedents.
Summary
Vishwakarma Dom and Kamla Devi applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that no liquor was found in their possession and the alleged recovery was from a location unrelated to them. They asserted clean antecedents and challenged the credibility of the prosecution’s case, noting the informant’s name was omitted from the FIR. The State opposed the bail. The Patna High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the filing of bail bonds of Rs.500 each with two sureties and directed verification of the petitioners’ criminal antecedents by the Special Judge. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged lack of possession and their claim of clean antecedent.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- provisional bail
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13716 of 2026
Arising Out of PS. Case No.-120 Year-2022 Thana- KADAMKUAN District- Patna
======================================================
1. Vishwakarma Dom S/o Laxman Dom Resident of Mohalla- Ambedkar
Bhawan, Nala Road, P.S- Kadamkuan, District - Patna
2. Kamla Devi W/o Kamla Dom @ Suraj Dom R/o Mohalla- Ambedkar
Bhawan, Nala Road, P.S- Kadamkuan, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.2
is a woman and allegation is of recovery of 130 litres of liquor
from a place near the house of Rajesh Ram. It is next submitted
that petitioners were not arrested from the spot, as such, nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.13716 of 2026(2) dt.12-03-2026
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petitioners and petitioners have no concern or relation with
Rajesh Ram and they came to be implicated at the instance of
local person but then name of the person, who disclosed the
name of the petitioners, is not disclosed in the FIR, which casts
an aspersion on the case of the prosecution, when petitioners
admittedly are persons with clean antecedent.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each with two
sureties of the like amount each to the satisfaction of learned
Court of Special Judge Excise-II, Patna in connection with
Kadamkuan P.S. Case No.120 of 2022, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
Patna High Court CR. MISC. No.13716 of 2026(2) dt.12-03-2026
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if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 petitioners are persons with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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