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Patna High Court

Krishnadeo GoswamiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioners subject to bail bonds, sureties, and verification of antecedents, with the possibility of revocation if antecedents are found.

Summary

Krishnadeo and Vishnudeo Goswami, father and son, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 28.59 litres of liquor from two motorcycles. They argued they have clean antecedents, were not arrested on the spot, and had no conscious possession of the liquor; they were implicated only because the seized vehicles were owned by them and they were unaware of any misuse by the driver. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties each, and directed verification of their criminal antecedents. The order stipulated that if any antecedent is discovered, the bail would be revoked for that petitioner, otherwise it would be confirmed. The decision rests on the court’s discretion under Section 482(2) of the BNSS to grant anticipatory bail in such circumstances.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
  • Whether ownership of the vehicle used in the alleged offence implicates the owners for anticipatory bail purposes.
  • What conditions may be imposed on anticipatory bail pending verification of criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1731 of 2026
                    Arising Out of PS. Case No.-528 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
           1.     Krishnadeo Goswami Son of Vishnudeo Goswami Resident of Village-
                  Shivmandir Chowk Hansda, P.S.- Sadar, District- Purnea
           2.    Vishnudeo Goswami Son of Late Nav Bir Goswami @ Mahavir Goswami
                 Resident of Village- Shivmandir Chowk Hansda, P.S.- Sadar, District-
                 Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumit Kumar Bhagat
                 For the Opposite Party/s :       Ms.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-01-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 28.59 litres of liquor from two different

                   motorcycles.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and petitioner no. 2
Patna High Court CR. MISC. No.1731 of 2026(2) dt.22-01-2026
                                            2/3




          came to be implicated based on the fact that he is owner of the

          seized vehicle and petitioner no. 1 is his son. It is next submitted

          that no prudent person would use his own vehicle for

          committing an occurrence and thus would create evidence

          against himself and hence would get implicated, it is further

          submitted that petitioners was completely unaware that their

          driver would misuse the vehicle in the manner as alleged.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     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 trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) 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 Sadar

          P.S. Case No. 528 of 2025, subject to the conditions as laid

          down under Section Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the

          event if it is found that petitioners have antecedent of even one

          case then it would be presumed that petitioners, for the purposes of
              Patna High Court CR. MISC. No.1731 of 2026(2) dt.22-01-2026
                                                          3/3




                        seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are 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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