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Patna High Court

Gautam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioners, subject to verification of their antecedents.

Summary

Gautam Kumar and Pappu Kumar Kewat sought anticipatory bail fearing arrest in a case registered under multiple IPC offences and Section 45 of the Bihar Excise Act concerning the alleged recovery of five litres of liquor from Karu Chaudhary's house. They asserted they have clean antecedents, were not caught in possession, and were implicated by a hostile chowkidar, questioning the credibility of the FIR. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioners' criminal antecedents. If any antecedent is found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite the serious nature of the offences alleged.
  • Whether the petitioners have a clean criminal antecedent that justifies grant of bail.
  • Whether the FIR is tainted by false implication and thus warrants bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • IPC offences
  • liquor seizure
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28428 of 2026
                       Arising Out of PS. Case No.-395 Year-2024 Thana- NAWADA District- Nawada
                 ======================================================
           1.     Gautam Kumar S/o Ramswaroop Kewat @ Ramswarup Kevat R/o Village -
                  Bhadauni, P.s.- Nawada, District - Nawada
           2.    Pappu Kumar Kewat @ Pappu Kumar S/o Ramswaroop Kewat @
                 Ramswarup Kevat R/o Village - Bhadauni, P.s.- Nawada, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Durgesh Nandan
                 For the Opposite Party/s :       Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026                  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 147, 149,

                   341, 323, 337, 332, 333, 379, 511, 353 and 427 of the Indian

                   Penal Code read with Section 45 of the Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 5 liters of liquor from the house of Karu Chaudhary.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing

                   was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.28428 of 2026(2) dt.24-04-2026
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          recovery is from a place which does not belong to the petitioner

          and he has no concern or relation with Karu Chaudhary and he

          came to be implicated at the instance of Chowkidar with whom

          he is on an inimical term. It is also submitted that if Chowkidar

          was aware of 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 petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) 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 Nawada

          P.S. Case No. 395 of 2024 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
            Patna High Court CR. MISC. No.28428 of 2026(2) dt.24-04-2026
                                                        3/3




                      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 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)
Rishabh/-

U      T


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