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Patna High Court

Tetari DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioners' criminal antecedents.

Summary

The petitioners, three residents of Musepur Nut Toli, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for allegedly recovering 102 litres of liquor and 100 litres of semi‑fermented liquor from a public pond. The petitioners argued that they were not arrested at the spot, the liquor was not in their possession, and the FIR lacked the name of the informant, casting doubt on the prosecution's case. The State opposed the bail, citing the petitioners' prior excise cases. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the filing of bail bonds of Rs.15,000 each with two sureties, and directed verification of the petitioners' criminal antecedents. It held that if the antecedent checks exceed the disclosed numbers, the bail would be cancelled; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite their prior excise cases.
  • Whether the FIR sufficiently establishes the petitioners' involvement in the alleged liquor recovery.
  • Whether the nature of the alleged offence under Section 30(a) of the Excise Act warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • criminal antecedent
  • provisional bail
  • FIR
  • public place

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16431 of 2026
                       Arising Out of PS. Case No.-358 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
           1.     Tetari Devi W/o Nanhak Nut @ Byas Nut R/o Village - Musepur Nut Toli,
                  P.S - Doriganj, District - Saran at Chapra
           2.    Bhuli Nut S/o Mahendra Nut R/o Village - Musepur Nut Toli, P.S - Doriganj,
                 District - Saran at Chapra
           3.    Ajay Kumar @ Ajay Kumar Nut @ Ajay Nut S/o Ranjan Nut R/o Village -
                 Musepur Nut Toli, P.S - Doriganj, District - Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok
                 For the Opposite Party/s :       Mr.Md. Matloob Rab
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits

                   that the petitioner no.1 has antecedent of three cases under

                   the Excise Act, petitioner no.2 has antecedent of two cases

                   under the Excise Act and petitioner no.3 is a person with

                   clean antecedent and the allegation is of recovery of 102

                   litres of liquor from a place near bank of a pond and 100
Patna High Court CR. MISC. No.16431 of 2026(2) dt.01-04-2026
                                            2/4




          litres of semi-fermented liquor which was destroyed at the

          spot.

                       4. The learned counsel for the petitioners submits

          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 petitioners and is accessible to public at large

          and they came to be implicated at the instance of local

          person, but the name of the person, who disclosed the name

          of the petitioners is not disclosed in the F.I.R., which casts

          an aspersion on the case of the prosecution. It is also

          submitted that petitioners have not been implicated based

          on secret information. It is next submitted that police in

          majority of cases implicating innocent persons either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without

          holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the

          learned counsel for the petitioners, the petitioners, above-
Patna High Court CR. MISC. No.16431 of 2026(2) dt.01-04-2026
                                            3/4




          named, in the event of their arrest or surrender before the

          learned Court below within a period of six weeks, is

          directed to be released on provisional anticipatory bail on

          their furnishing bail-bonds in the sum of Rs. 15,000/-

          (Rupees Fifteen Thousand) each 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 Doriganj P. S. Case No.358 of 2025,

          subject to the conditions laid down under Section 438(2) of

          the Cr.P.C.

                       7. The application stands allowed.

                       8. 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, if it is found that petitioner no.1 has antecedent of

          more than three cases, petitioner no.2 has antecedent of

          more than two cases and petitioner no.3 has 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
               Patna High Court CR. MISC. No.16431 of 2026(2) dt.01-04-2026
                                                           4/4




                         confirmed, but if on verification, it is found that petitioner

                         no.1 has antecedent of three cases only, petitioner no.2 has

                         antecedent of two cases only and petitioner no.3 is a person

                         with clean antecedent, in that event, the provisional

                         anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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