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Patna High Court

Ravi Jee @ Sunil Kumar GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court provisionally granted anticipatory bail, subject to verification of the petitioner’s antecedent record and compliance with the conditions imposed under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Ravi Jee (Sunil Kumar Gupta), feared arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly possessing 17.5 litres of liquor recovered from a room in his house. He contended that the room was rented to a third‑party, Rahul, and that no liquor was found in his personal possession at the time of the police raid. The petitioner applied for anticipatory bail, arguing that the alleged facts did not constitute a cognizable offence against him and that his antecedent record comprised only one prior case. The State opposed the bail application. The court granted a provisional anticipatory bail order, conditioning it on the furnishing of bail bonds and two sureties, and directed the trial court to verify the petitioner’s criminal antecedents before confirming the bail; if more than one antecedent is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent is verified.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the alleged liquor recovered from a rented premises can be attributed to the petitioner for the purpose of bail.
  • Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor possession
  • rented premises
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26448 of 2026
                   Arising Out of PS. Case No.-434 Year-2025 Thana- Sahayak Khajanchi District- Purnia
                 ======================================================
                 Ravi Jee @ Sunil Kumar Gupta Son of Sita Ram R/v- Subhash Nagar, Ward
                 No 12,Ps- Sahayak K.Hat, Dist- purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Avinash Shekhar
                 For the Opposite Party/s :        Ms. Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 17.5 litres of liquor from a room of the house of

                   petitioner. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and no prudent person would use his own premises

                   for committing an occurrence and thus would create evidence

                   against himself and hence would get implicated. It is next

                   submitted that the room from which it is alleged that liquor was
Patna High Court CR. MISC. No.26448 of 2026(2) dt.22-04-2026
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          recovered was given on rent to Rahul on rent of Rs.3500/- per

          month as would manifest from the agreement annexed as

          Annexure-2 to the anticipatory bail application but then police

          in mechanical manner investigates and implicates.

                       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 Sahayak Khajanchi P.S. Case No.434/2025,

          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

          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
             Patna High Court CR. MISC. No.26448 of 2026(2) dt.22-04-2026
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                       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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