Patna High Court
Praduman GiriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with the conditions imposed under Section 482(2) of the B.N.S.S.
Summary
Petitioner Praduman Giri sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 214.68 litres of liquor were allegedly recovered from a car and a motorcycle. He contended that he was not present at the seizure, did not own the vehicles, and was implicated based on undisclosed information, arguing that the FIR lacked the informant's name. The State opposed the bail. The High Court, applying its inherent powers under Section 482(2) of the B.N.S.S., granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if two or fewer, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged lack of possession and ownership of the seized vehicles, and the absence of the informant’s name in the FIR, justify anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- liquor seizure
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20161 of 2026
Arising Out of PS. Case No.-52 Year-2023 Thana- GUTHANI District- Siwan
======================================================
Praduman Giri Son of Jagdish Giri @ Feku Giri R/o Belaur Mathiya, P.S.-
Guthani, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar
For the Opposite Party/s : Mr. Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The 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 has antecedent of two cases and allegation is of
recovery of 214.680 litres of liquor from a car and a motorcycle.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and is not the owner of any of the seized vehicle and he came to
be implicated at the instance of local person but then it is
submitted that the name of the person who disclosed the name
of the petitioner is not disclosed in the FIR which casts an
Patna High Court CR. MISC. No.20161 of 2026(2) dt.31-03-2026
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aspersion on the case of the prosecution, when petitioner has not
been implicated based on secret information. It is also submitted
that of late police has started implicating accused in cases
relating to excise having criminal antecedent for obvious reason.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
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 Guthani P.S. Case No.52/2023, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
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cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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