Patna High Court
Gaurav SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail subject to bail bond, sureties and verification of antecedents.
Summary
The petitioner, Gaurav Sharma, sought anticipatory bail fearing arrest in a case under Sections 30(a), (c) and (d) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 50 litres of liquor and 800 litres of semi‑prepared liquor were recovered from his maize field but not from his possession. He contended that the investigation relied on secret information without proper inquiry and that he had only one prior case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one antecedent is found, the bail will not be confirmed; if only one, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged criminal antecedents affect the grant of bail.
- Whether the investigation conducted on the basis of secret information suffices to justify denial of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- Bihar Prohibition and Excise Act
- bail conditions
- criminal antecedent
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24657 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- Bhawanipur District- Bhagalpur
======================================================
Gaurav Sharma S/o Lalkun Sharma R/o Village - Raipur, P.S - Bhawanipur,
District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 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 Sections 30(a). (c)
and (D) of Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 50 litres of liquor along with 800 litres of semi
prepared liquor which was destroyed at the maize field of the
petitioner. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession. It is next submitted that no prudent person would
use his own field for committing an occurrence and thus would
Patna High Court CR. MISC. No.24657 of 2026(2) dt.20-04-2026
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create evidence against himself and hence would get implicated
and he came to be implicated based on secret information which
is the easiest way to implicate someone without holding a
proper investigation. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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.5000/- (Rupees five 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 Bhawanipur P.S. Case No.85/2025, 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
Patna High Court CR. MISC. No.24657 of 2026(2) dt.20-04-2026
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event if it is found that petitioner has antecedent of more than
one case, 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 one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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