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Patna High Court

Vishwakarma DomversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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