Patna High Court

Jatha BindversusThe State of Bihar

Decided: 22 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent, under Section 482(2) of the BNSS.

Summary

The petitioner, Jatha Bind, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Excise Act for allegedly possessing 65 litres of liquor. He argued that he had no prior criminal record, the liquor was recovered from a location not belonging to him, and the complaint originated from a hostile watchman. The State opposed the bail, contending that the allegations warranted arrest. The court considered the petitioner's clean antecedent and the lack of possession at the time of arrest, and ordered provisional anticipatory bail conditioned on a bail bond and two sureties. It further directed the trial court to verify the petitioner’s criminal antecedent within six weeks, with confirmation of bail if no prior cases are found, and cancellation if any antecedent is discovered.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s lack of possession and clean antecedent justify the grant of anticipatory bail.
Whether the trial court must verify the petitioner’s criminal antecedent before confirming the provisional bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
clean antecedent
provisional bail
Section 482(2) BNSS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26505 of 2026
                       Arising Out of PS. Case No.-93 Year-2025 Thana- BABURA District- Bhojpur
                 ======================================================
                 Jatha Bind S/o- Badhai Bind R/v- Pachrukhiya Kala Ps- Babura Dist- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ramanuj Tiwary
                 For the Opposite Party/s :       Mr.Dr. Kumar Uday Pratap
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 65 litres of liquor from three bags at Pachrukhiya

                   Kala near the house of Chanchal Bind.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and petitioner has no concern or relation with Chanchal and he
Patna High Court CR. MISC. No.26505 of 2026(2) dt.22-04-2026
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          came to be implicated at the instance of Chowkidar with whom

          he is on an inimical term.                 It is next submitted that if

          Chowkidar was aware about the involvement of the petitioner in

          the occurrence, then why he did not inform the police prior to

          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 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 Babura P.S. Case No. 93 of 2025, 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 purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.26505 of 2026(2) dt.22-04-2026
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                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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