Patna High Court
Sadhu BhartiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bail bond, sureties and verification of criminal antecedents.
Summary
The petitioners, three brothers from Sheohar district, applied for anticipatory bail fearing arrest in a case registered under Sections 191(2), 190, 126(2), 115(2) and 192 of the Bihar Negotiable Instruments Act and Section 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 3.9 litres of liquor from a water tank not belonging to them. They contended that they were not arrested on the spot, no liquor was found in their possession, and the complaint was instigated by an inimical chaukidar. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditioned the confirmation of bail on verification of the petitioners' criminal antecedents. If the antecedent verification shows concealment or multiple prior cases, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in view of the alleged offences under the Bihar Negotiable Instruments Act and the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Bihar Negotiable Instruments Act — s. 115(2), 126(2), 190, 191(2), 192
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- excise law
- liquor seizure
- criminal antecedent
- provisional bail
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25105 of 2026
Arising Out of PS. Case No.-176 Year-2025 Thana- PIPRAHI District- Sheohar
======================================================
1. Sadhu Bharti Son of Niranjan Bharti Resident of village- Dekuli Dharampur
PS - Piprahi Dist- Sheohar
2. Mintu Bharti @ Mintu Kumar Son of Niranjan Bharti Resident of village-
Dekuli Dharampur PS - Piprahi Dist- Sheohar
3. Dhiraj Kumar Bharti @ Dhiraj Kumar Son of Awadehesh Bharti Resident of
village- Dekuli Dharampur PS - Piprahi Dist- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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 Sections 191(2),
190, 126(2), 115(2) and 192 of the BNS as well as Section 45 of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioners
no. 2 and 3 have antecedent of one case under the Excise Act
and allegation is of recovery of 3.9 litres of liquor from a water
tank room.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.25105 of 2026(2) dt.21-04-2026
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petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners. It is further submitted that petitioners came to be
implicated at the instance of the Chawkidar with whom they are
on an inimical term. It is next submitted that if the Chawkidar
was aware of the involvement of the petitioners in the
occurrence then why he did not inform the police prior to the
institution of the instant FIR which casts an aspersion on the
case of the prosecution.
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 appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on provisional anticipatory bail on furnishing bail bonds of
Rs.5,000/- (Rupees Five 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 Piprahi P.S. Case No. 176 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.25105 of 2026(2) dt.21-04-2026
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Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioners
and if it is found that petitioner no. 1 has antecedent of even one
case and petitioners no. 2 and 3 have antecedent of more than
one case, it would be presumed that petitioners had concealed
their antecedent before this Court, at para 3 of the anticipatory
bail application, in that event, the provisional anticipatory bail
order shall not be confirmed, but, if it is found on verification
that petitioner no. 1 is a person with clean antecedent and
petitioners no. 2 and 3 have antecedent of only one case, in that
event, the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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