Patna High Court
Devnarayan Chaurasiya @ Deo Narayan Prasad @ Devnarayan BhagatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
The petitioner, Devnarayan Chaurasiya, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of liquor recovered from a motorcycle, a house, and his washroom. He argued that he has a clean antecedent, that the liquor was not found in his conscious possession, and that the complaint was motivated by an inimical chowkidar. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. Act. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. Act in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of anticipatory bail.
Legislation cited
- B.N.S.S. Act — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30786 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- GORAUL District- Vaishali
======================================================
Devnarayan Chaurasiya @ Deo Narayan Prasad @ Devnarayan Bhagat S/O
Late Rameshwar Bhagat R/Vill.- Dhane Dhane Goraul, P.S.- Goraul, District-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 12 litres of liquor from a motorcycle, 7.5 litres of
liquor from house of Rahul and 580.510 litres of liquor from
washroom of the petitioner. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and the house in question is a
joint family property as such it cannot be alleged with certainty
Patna High Court CR. MISC. No.30786 of 2026(2) dt.06-05-2026
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that it was petitioner, who had kept the liquor in the washroom
or the liquor kept in the washroom was within his knowledge
and he 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 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, 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 Goraul P.S. Case No.122/2026, 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
Patna High Court CR. MISC. No.30786 of 2026(2) dt.06-05-2026
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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
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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