Patna High Court
Ajay Bari @ Ajay PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the petitioner’s clean antecedent and the absence of direct possession of the alleged liquor, provisional anticipatory bail should be granted subject to verification of his criminal record.
Summary
The petitioner, Ajay Bari, applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of 8.5 litres of liquor from a bush. He argued that he has a clean antecedent, was not arrested at the spot, and was falsely implicated by a chowkidar whose identity was omitted from the FIR. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the petitioner’s clean record and lack of direct possession, directed provisional anticipatory bail on a Rs.500 bond with two sureties, subject to verification of his antecedent. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean antecedent and lack of direct possession justify bail.
- Whether the omission of the informant’s name in the FIR affects the merits of the bail application.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- false implication
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14428 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- CHANPATIA District- West Champaran
======================================================
Ajay Bari @ Ajay Prasad S/O Late Banarsi Bari R/O Village -Giddha bari
tola, Ward no.- 7, Police Station -Chanpatiya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 8.500 litres of liquor from a bush. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and even
alleged recovery is from a place which does not belong to the
petitioner and he came to be implicated at the instance of
Chowkidar and local person but then it is submitted that name
of the person who disclosed the name of the petitioner is not
Patna High Court CR. MISC. No.14428 of 2026(2) dt.13-03-2026
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disclosed in the FIR, which casts an aspersion on the case of the
prosecution. It is next submitted that since petitioner is on
inimical term with Chowkidar, hence, Chowkidar falsely
implicated him. It is further submitted that if Chowkidar was
aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to institution of the
instant FIR, which also casts an aspersion on the case of the
prosecution, when petitioner admittedly is a person with clean
antecedent.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge
Excise Court-I, Bettiah, West Champaran in connection with
Chanpatiya P.S. Case No.16 of 2026, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
Patna High Court CR. MISC. No.14428 of 2026(2) dt.13-03-2026
3/3
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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 obtaining
anticipatory bail had concealed his 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
petitioner is a person 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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