Patna High Court

Brijesh Bhagat @ Brijeshwar BhagatversusThe State of Bihar

Decided: 5 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

The petitioner, Brijesh Bhagat, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of 53 litres of liquor from a third party's house. He asserted a clean criminal record and no connection to the alleged contraband. The State opposed the bail. The court considered the petitioner's clean antecedent and the lack of possession at the time of alleged recovery. It granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties, subject to verification of antecedents by the trial court. If any prior case is found, the bail would be presumed concealed and not confirmed; otherwise, it would be confirmed immediately.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances.
Whether the alleged recovery of liquor, without possession by the petitioner, warrants denial of bail.
Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
liquor seizure
excise law
clean antecedent
Section 30
Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29662 of 2026
                       Arising Out of PS. Case No.-59 Year-2026 Thana- Excise P.S. District- Sheohar
                 ======================================================
                 Brijesh Bhagat @ Brijeshwar Bhagat S/O Laxmi Bhagat R/O Village-
                 Madhopur Anant, Ward No. 01, P.S.- Sheohar, District- Sheohar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Lokesh Kumar
                 For the Opposite Party/s :         Mr. Rabindra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Rabindra Kumar.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 53 litres of liquor from house of Ajay. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and even

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

                   petitioner and he has no concern or relation with Ajay and he

                   came to be implicated based on secret information which is the

                   easiest way to implicate someone without holding a proper
Patna High Court CR. MISC. No.29662 of 2026(2) dt.05-05-2026
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          investigation, when petitioner admittedly is a person with clean

          antecedent.

                       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.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 Sheohar Excise P.S. Case No.59/2026, 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 even 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

          on verification it is found that petitioner is a person with clean

          antecedent, in that event the provisional anticipatory bail order
             Patna High Court CR. MISC. No.29662 of 2026(2) dt.05-05-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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