Patna High Court
Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 147, 149, 323, 332, 333, 337, 341, 353, 379, 427, 511
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
2/3
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
Checking your session…