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Patna High Court

Triloki PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to a bail bond, sureties, and verification of the petitioner’s antecedent.

Summary

The petitioner, Triloki Prasad, was implicated in a case alleging recovery of 1,270 litres of illicit liquor from the bank of the Sikrahana river, invoking offences under Sections 272, 273 and 34 of the IPC and Sections 33, 36, 38(1) and 41(1) of the Bihar Prohibition and Excise Act. He claimed a clean antecedent and argued that the allegation was based solely on secret information, with no liquor recovered from his possession or from his own property. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 500 with two sureties and directed the trial court to verify his criminal antecedent. If any antecedent is discovered, the bail would be deemed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed. The order was made under Section 482(2) of the Bihar Negotiable Instruments (or related) Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the case.
  • Whether the reliance on secret information and lack of possession of the alleged liquor precludes denial of bail.
  • Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • liquor smuggling
  • secret informant
  • provisional bail
  • criminal antecedent
  • Section 272 IPC
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22073 of 2026
                      Arising Out of PS. Case No.-168 Year-2017 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Triloki Prasad S/O Vijay Lal Prasad Resident of village - Kaparsandi, P.S-
                 Turkaulia, Dist- East Champaran

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-04-2026                           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 offences punishable under Section 272, 273

                   and 34 of IPC and Sections 33, 36, 38(1), 41(1) of the 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 1270 liters of liquor from bank of Sikrahana river.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.22073 of 2026(2) dt.07-04-2026
                                            2/3




          and is accessible to villagers at large and he came to implicated

          based on secret information which is the easiest way to

          implicate someone without holding a proper investigation, it is

          next submitted that secret information generally is resorted to in

          order to save the real culprits when admittedly petitioner is a

          person with clean antecedent.

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

          anticipatory bail of the petitioner.

                       6. 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. 500/- (Rupees Five Hundred) 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 Turkauliya P.S. Case No. 168 of 2017 subject

          to the conditions as laid down under Section 482 (2) of the

          BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court 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
           Patna High Court CR. MISC. No.22073 of 2026(2) dt.07-04-2026
                                                       3/3




                     purposes of seeking anticipatory bail, had concealed his

                     antecedent before this Court, as such, the provisional

                     anticipatory bail order shall not be confirmed, but after

                     verification if it is found that petitioner has clean antecedent, in

                     that event the provisional anticipatory bail order shall be

                     confirmed forthwith.



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T


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